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Kazakhstan

Section 2. Respect for Civil Liberties, Including:

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: In December 2019 President Tokayev signed into law legislative amendments that increased punishments for sexual abuse and rape to eight years of imprisonment, and if committed against a minor, to life imprisonment. There were reports of police and judicial reluctance to act on reports of rape, particularly in spousal rape cases.

On August 27, an Almaty court held a trial for a rape case in which both a former prosecutor and a former manager of a local bank were charged with a November 2019 rape. When the victim first submitted a complaint to police, they refused to record the complaint. Due to her lawyer’s persistence, the complaint was later officially registered. Police resistance, procrastination, attempts to hush up the complainant, and other hurdles delayed the investigation. The victim faced pressure and intimidation by the assailants’ relatives who tried to force her to withdraw the complaint. Her lawyer resorted to making an effort to draw public attention to the case and publicize appeals to the president and parliamentarians. The investigation took nine months to complete and submit to the court. The case remained ongoing at year’s end.

According to human rights defenders, approximately 2,000 complaints of rape were registered annually, but fewer than 1 percent of them made it to court.

Legislation identifies various types of domestic violence, such as physical, psychological, sexual, and economic, and outlines the responsibilities of local and national governments and NGOs in providing support to domestic violence victims. The law also outlines mechanisms for the issuance of restraining orders and provides for the 24-hour administrative detention of abusers. The law sets the maximum sentence for spousal assault and battery at 10 years in prison, the same as for any assault. The law also permits prohibiting offenders from living with the victim if the perpetrator has somewhere else to live, allows victims of domestic violence to receive appropriate care regardless of the place of residence, and replaces financial penalties with administrative arrest if paying fines was hurting victims as well as perpetrators.

NGOs estimated that on average 12 women each day were subjected to domestic violence and more than 400 women died annually as a result of violence sustained from their spouses. Due in part to social stigma, research conducted by the Ministry of National Economy indicated that a majority of victims of partner abuse never told anyone of their abuse. Police intervened in family disputes only when they believed the abuse was life threatening. Police often encouraged the two parties to reconcile. NGOs also noted that the lenient penalty for domestic violence–an administrative offense with a maximum penalty of 15 days’ imprisonment–does not deter even convicted offenders.

In August 2019 the Almaty city court placed Baurzhan Ashigaliyev under pretrial arrest for two months on charges of deprivation of freedom and assault against his wife, well-known singer Kseniya Ashigaliyeva. According to Ashigaliyeva, her husband of seven years regularly beat her, but previous reports to police had resulted in no change in his behavior and no penalty to him. In July 2019 he abducted Ashigaliyeva off the street, tied her up in the basement of a building, and beat her severely. Ashigaliyeva turned to police and also the NeMolchi (Speak Out) movement for help, asking the organization to raise awareness of her case and share photographs of her injuries on the internet in order to reduce stigma against speaking out about domestic violence. On March 13, Almaty court acquitted Ashigaliyev. His wife appealed the court ruling, but the Almaty city court declined her appeal in June and upheld the trial court’s ruling.

The government maintained domestic violence shelters in each region. According to the NGO Union of Crisis Centers, there were 31 crisis centers throughout the country providing reliable services to women and children who are victims of domestic violence, including 10 government-funded shelters.

Human rights activists noted an upsurge of domestic violence during the COVID-19 pandemic, which they attributed to several causes. When tight quarantine was imposed on the country, families were locked in their houses, and some individuals began to experience emotional problems because there was no way to vent emotions. According to these activists, many persons lacked the skills to control anger. The fear of COVID-19 exacerbated the negative emotional atmosphere. Alcohol consumption was often an aggravating factor. Assailants often seized the victims’ telephone and cut them off from communication with the outside world. Because of the lockdown, victims could not leave their houses to escape from their assailants, stay with relatives, or elsewhere.

Activists criticized the government for failure to ensure that all vulnerable persons–women, men, children, elderly individuals, and persons with disabilities–were protected against domestic violence. Due to COVID-19 quarantines, some crisis centers were closed, health care was limited, and law enforcement agencies and courts were focused on quarantine-related tasks. When victims found the courage to report violence, activists reported that police were reluctant to act, sometimes did not issue restrictive orders to assailants, and tried to dissuade the victim from filing a complaint, creating an environment of impunity for aggressors.

Other Harmful Traditional Practices: Although prohibited by law, the practice of kidnapping women and girls for forced marriage continued in some remote areas. The law prescribes a prison sentence of seven to 12 years for conviction of kidnapping. A person who voluntarily releases an abductee is absolved of criminal responsibility; because of this law, a typical bride kidnapper is not necessarily held criminally responsible. Law enforcement agencies often advised abductees to resolve their situations themselves. According to civil society organizations, making a complaint to police could be a very bureaucratic process and often subjected families and victims to humiliation.

In December 2019 a 20-year-old girl was kidnapped at a bus stop in Turkestan. Three men grabbed her and forced her into their car. The kidnappers took her to another town, Kentau, and pressured her to marry a man whom she barely knew. The girl was held against her will for two days. When she refused to marry the man, he physically assaulted and raped her. The girl managed to escape and return home, where she submitted a complaint to police. After the complaint was filed, the girl and her parents faced pressure from the local community and the kidnapper’s family. As a result of this campaign of pressure and humiliation, the girl and her mother attempted suicide. The investigation was completed in January, and two men were convicted and sentenced to 7 and 8 years in prison.

Sexual Harassment: Sexual harassment remained a problem. No law protects women from sexual harassment, and only force or taking advantage of a victim’s physical helplessness carries criminal liability in terms of sexual assault. In no instance was the law used to protect the victim, nor were there reports of any prosecutions. Victims of sexual harassment in the workplace were hesitant to lodge complaints out of shame or fear of job loss.

Reproductive Rights: By law couples and individuals have the right to decide the number, spacing, and timing of their children. They have the right to manage their reproductive health, and they have access to the information and means to do so, free from discrimination, coercion, and violence. Individuals have the right to use contraception and generally have access to it through individual health care providers.

There are no legal, social, or cultural barriers to skilled health attendance during pregnancy and childbirth. Over 95 percent of pregnant women benefit from prenatal care and more than 99 percent of births were attended by skilled medical personnel, according to World Health Organization reporting.

Access to government-provided sexual and reproductive health services for survivors of violence is limited but improving. In April 2020, with UN Population Fund assistance, the national government adopted its first clinical protocol for health assistance to victims of gender violence and organized online training for the staff of primary health centers. The UN Population Fund also arranged training for health workers, police, and social workers to strengthen coordination of their work in detecting and handling incidents of violence against women.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The constitution and law provide for equal rights and freedoms for men and women. The law prohibits discrimination based on gender. Significant salary gaps between men and women remained a serious problem. According to observers, women in rural areas faced greater discrimination than women in urban areas and suffered from a greater incidence of domestic violence, limited education and employment opportunities, limited access to information, and discrimination in their land and other property rights.

Children

Birth Registration: Citizenship is derived both by birth within the country’s territory and from one’s parents. The government registers all births upon receipt of the proper paperwork, which may come from the parents, other interested persons, or the medical facility where the birth occurred. Children born to undocumented mothers were denied birth certificates.

Education: According to the constitution, secondary school education is compulsory. The government provides for free, universal secondary education in public schools. Some children did not attend schools. Education authorities reported that 55 percent of schools were equipped and had staff for inclusive education for children with specific needs. Independent observers alleged that the number of such schools was in fact lower. There were no statistics on the number of children with disabilities who attended preschool institutions. Twenty percent of children with specific needs between the ages of 7 and 18 attended regular schools. The majority attended special correctional classes or were homeschooled. Some parents refused to send children with disabilities to school and viewed their education as unnecessary. Other parents did not know where they could refer their children. Some children from migrant families, particularly undocumented migrants and stateless persons, did not get education because they could not enroll in school.

Child Abuse: Human rights defenders demanded improvement of legislation to protect children from abuse, to include a clearer definition of the authority of the children’s ombudsman and a legislative ban on corporal punishment.

Child abuse is a serious problem. According to UNICEF polls, 75 percent of adults supported corporal punishment of children by parents. According to a survey, 40 percent of children in institutions and 18 percent of children attending regular schools said they were subjected to physical abuse by adults. Children faced abuse, cruel, and disparaging treatment in families, schools (particularly special schools for delinquent children), and boarding schools.

Police reported that approximately 1,000 individuals were annually deprived of their parental rights. During the first five months of the year, more than 300 parents lost their parental rights, and more than 2,000 parents were punished by administrative penalties for failure to perform parenting duties.

Child, Early, and Forced Marriage: The legal minimum age for marriage is 18, but it may be reduced to 16 in the case of pregnancy or mutual agreement, including by parents or legal guardians. According to the UN Population Fund, approximately 3,000 early and forced marriages occurred annually. Many couples first married in mosques and then registered officially when the bride reached the legal age. The government did not take action to address the issue.

Sexual Exploitation of Children: The law does not specify the minimum age for consensual sex, but it provides for eight to 15 years in prison for individuals convicted of forcing boys or girls younger than age 18 to have sexual intercourse. UNICEF reported that data on sexual abuse of children, child prostitution, child pornography, child trafficking, bride kidnapping, and forced marriage of girls remains scarce, making it difficult to assess the scale of rights violations.

The law criminalizes the production and distribution of child pornography and provides administrative penalties to cover the sale of pornographic materials to minors. The country retains administrative penalties for child pornography. Perpetrators convicted of sexual offenses against minors received a lifetime ban on working with children.

Sexual abuse and rape remained serious problems. Available police statistics showed a 49 percent increase in the number of rapes of children during the first eight months of the year, compared with the same period in 2019.

On July 24, a 5-year-old girl went missing in Satpayev town near Karaganda city, where she and her parents were visiting with relatives. Police and volunteers scoured the neighborhood and finally found the girl bound under a sofa in the apartment of a 58-year-old man. She was taken to the hospital, and police arrested the man. An angry crowd formed and wanted to punish the alleged pedophile themselves. Reportedly, the crowd gathered because the participants did not trust police, since abusers apparently go unpunished. (Note: According to human rights defenders, 39 percent of perpetrators of crimes against children were convicted by courts.) The crowd tried to break into the apartment and demanded that police hand the man over. Calls by police, local government officials, and local imams on the crowd to calm down had no effect. The crowd smashed windows and doors at the building and the local police station, and smashed and set fire to police vehicles. Authorities deployed riot police, and the crowd dispersed. The next day Minister of Internal Affairs Yerlan Turgumbaev stated publicly that the suspect was charged with kidnapping and raping a child. Authorities reported the suspect was found dead on October 6 in the detention facility.

Displaced Children: Human rights observers noted that the number of street children, mainly in large cities, was high. Street children were referred to Centers for Delinquent Children or the Support Center for Children in Difficult Life Situations. Some were returned to their families. According to the 2019 report of the Committee for Protection of Children Rights of the Ministry of Education and Science, there were 15 adaptation centers (AC) for delinquent children and 17 support centers (SC) for children in difficult life situations. More than 4,000 children were held in the ACs, and more than 2,000 in the SCs.

Institutionalized Children: Incidents of child abuse in state-run institutions, such as orphanages, boarding schools, and detention facilities for delinquent children, were “not rare,” according to government sources. NGOs stated one-half the children in orphanages or closed institutions suffered from abuse by teachers or other children. According to the Committee for Protection of Children Rights, the number of orphans who lived in orphanages decreased from 6,223 in 2017 to 4,606 during the year. The government continued its policy of closing orphanages and referring children to foster families and other forms of home care. Activists criticized the policy as ineffective because of the lack of a clear plan of children’s deinstitutionalization, properly trained staff, infrastructure, or funds. They alleged that authorities focused on the closure of orphanages instead of working with families and preventing the placement of children in institutions. They also said critical decisions on the removal of a child from its family and placement in an institution were based on police, not social workers’, reports.

Between April 2 and April 29, four children died at the Ayagoz Children’s Center for Specialized Social Services, a facility for children with mental disabilities. The management of the facility and the local government tried to conceal the deaths, but on May 14, information was leaked to media and became public. The government established an ad hoc group to investigate the deaths. The group discovered numerous violations in their investigation. The report stated that the deaths were the result of underestimating the seriousness of child health problems by medical staff and of delayed hospitalization. Children’s Rights Commissioner Aruzhan Sain called for a thorough investigation and highlighted past allegations of abuse against the facility. Police opened a criminal investigation.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

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