Breaking Tradition and Raising Legal Awareness

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“I am the only girl in my family. Since childhood, I have been surrounded by lawyers. Therefore, when it came time to choose a profession, I didn’t have much doubt. My parents supported me and wanted me to build a good career in my profession. I knew from the first grade that I would work in an office, with papers, with people.”  – Elina Tynybekova

Elina Tynybekova is a student of the Issyk-Kul Law Institute, and one of four students selected from Karakol to participate in the Ukuktuk Region Project. Supported by EWMI’s USAID Ukuk Bulagy Project and implemented by the Association of Law Clinics of the Kyrgyz Republic, the Ukuktuk Region Project aims to raise legal awareness among residents of the regions. Elina and her four colleagues traveled from Karakol to the Ton district for an internship within the framework of the project, and provided services to justice seekers with the support of local stakeholders.

The local government in Ton provided significant support for the project, including outreach work to ensure residents were aware of the opportunity to engage with these law interns. Before their arrival, the local government opened a messenger group to inform residents about the arrival of project participants and their work schedule. Participants were based in the government’s aiyl okmotu, in an office specially allocated for legal advice. After arriving, project participants learned that there is one lawyer providing services in the Ton district. A queue of locals quickly lined up for the students.

During two months of work in Bokonbayevo, the students managed to help in 14 appeals from local residents and employees of the aiyl okmotu. The main issues were related to the resolution of land disputes, divorce proceedings, easement, and the division of property. “Basically, all the problems that were addressed to us concerned land plots: documents were not issued on time, [parties] misunderstood each other, or someone dies but they did not inherit, queues for land,” notes Elina. Project participants also noted high unmet needs related to employment contracts. “Our population practically does not read them, signs them, then it turns out that they were fired, but they cannot make claims.” Elina entered the internship well-prepared to provide these services, after training through her university’s law clinic on how to provide legal advice to the population, work with clients, conduct interviews, and be psychologically prepared for situations.

Even though Elina’s internship has ended and the students have returned to Karakol, the community they served continues to reach out for support with their legal challenges. “Although the work here is over, some clients continue to keep in touch with us, by phone, and sometimes even come to Karakol.” Elina even noted an uptick in interest in students’ services from outside of their original constituency. “After our internship, we received more calls. The grapevine worked. People from Karakol call us for advice after learning about our successes in Bokonbayevo,” Elina shares with inspiration.

Elina continues to be in touch with those who turned to her for help. Now, the highest priority case for her is to help an 81–year-old woman and resident of Bokonbayevo. She worked for many years as a shepherd at the collective farm, for which she was allocated a shed. But the allocation resolution did not specify the area, and only specified “a shed and a temporary shelter.” After selling her house and shed without sufficient documentation, the woman is now facing a land dispute.

As with many legal problems the students encountered, justice in this case has been impeded by a lack of comprehensive documentation, limitations in the resident’s legal knowledge, and long timelines to resolve disputes. Elina assisted the woman in filing an appeal on her decision, which resulted in the creation of a commission that included aiyl okmotu, the cadastre and the cooperative itself. Despite quarrels between the parties and hurdles in communications, Elina remains committed to finding a resolution for her client. “[Her daughter] calls me every day saying ‘Elina, let’s finish this case somehow.’ Grandma is tired and she asks us to finish it as soon as possible, since this case dragged on for 9 years before us.”

Elina explains her perseverance in work and study by saying that she always knew what she would do from childhood. Her decision to become a lawyer was unconditionally supported by her parents, which is not always the case for young women in the Kyrgyz Republic. Elina speaks openly about the difficulties of the law profession for women in Kyrgyzstan:

“It is more difficult for girls to be a lawyer. My parents never pressured me, didn’t talk about marriage, etc. Although I look at my peers and understand that my parents are the exception rather than the norm. Many take diplomas and don’t work, girls often study to get married. They answer: “And what will I say to my husband and children?”

Now Elina plans to enroll in a master’s degree, and in a few years earn her lawyer’s license. She dreams of living in a country where the law will be the main guarantor of the freedoms and rights of every resident, remarking “This must be put in order. Lawyers are in demand, but we have very few professionals. Requests from the public don’t end, as well as law issues. I think that law is my vocation.”

Kyrgyzstan Launches Online Portal for Public Discussion of Draft Laws

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On August 17, 2020, the Prime Minister of Kyrgyzstan signed a decree launching a pilot project that for the first time will allow the public to comment on draft legislation online. The decree requires all executive bodies in the government to post their draft legal acts for discussion on a new Ministry of Justice public portal.

The new initiative is an important legacy of EWMI’s recently completed USAID Kyrgystan Collaborative Governance Program (KCGP). One of the CGP’s important priorities was expanding opportunities for civic engagement in the lawmaking process. Prior to EWMI’s engagement, there were no clear and operative feedback mechanisms through which citizens and civil society organizations could submit comments to the initiators of draft legal acts. In many cases, the public found out about new laws only after their adoption.

Beginning in 2019, EWMI worked with the Ministry of Justice to develop an online portal for the public discussion of draft legal acts, so as to make the lawmaking process more transparent, participatory, and responsive to citizen concerns. The concept of such a portal had been put forward by a number of civil society groups and supported by the Open Government Partnership Forum, which tasked the Ministry with developing the portal.  The Ministry established a working group to that end, and, at EWMI’s request, included in the group representatives of the civil society organizations that had championed the idea.  To promote broad public engagement in the development of the portal, EWMI helped the Ministry hold public hearings in seven cities around the country.  The hearings allowed the Ministry to solicit ideas about the functionality of the portal so that it would be as user-friendly as possible and contain the necessary features to enhance citizen participation in the lawmaking process. EWMI and a local contractor subsequently developed the portal software and a mobile application in close collaboration with the Ministry.

During the pilot period, which will run through February 2021, the Ministry will monitor the use of the portal and collect recommendations to improve the online public discussion procedures.  The monitoring results and the recommendations will inform a new permanent decree that the Prime Minister is expected to issue in March 2021.  A draft law on Amendments to the Law on Normative Legal Acts, which would make the posting of draft laws on the portal obligatory for all lawmaking bodies, passed its first reading in the Kyrgyz Parliament in June 2020.  After the parliamentary elections in October, the Ministry of Justice plans to work with the new Parliament to ensure the adoption of this draft law.

The Collaborative Governance Program was made possible by the generous support of the American people through a grant from the United States Agency for International Development (USAID) to EWMI.ning that they have received from HA have given them the confidence and knowledge that will help them effectively lobby for their own interests.As one community focal person put it: ‘Our community has learned that we have to take action ourselves to get the results we want. It is slow it is difficult, but we will keep trying.

Creating Opportunities for Entrepreneurs in Kyrgyzstan

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Zuhra's next step is to is enter the bigger market outside the Central Asia region. Photography: Olivier Le Blanc/USAID

Access to finance is crucial to farmers and business owners in Kyrgyzstan struggling to succeed. Unfortunately, stringent collateral requirements often keep many small businesses from obtaining loans to grow beyond their family-operated enterprise.

Committed to removing obstacles to economic growth in Kyrgyzstan, USAID helped introduce the concept of guarantee funds and helped establish small regional funds.  Once the funds were established, EWMI’s USAID-funded Kyrgyzstan Collaborative Governance Program (KCGP) began working with the government, banks, parliament, and the private sector to improve the Law on Guarantee Funds so that small and medium businesses could easily access it.  With EWMI assistance, key amendments to the law were adopted in 2016.  To date, the funds have issued over 1,000 guarantees, which have helped to create more than 1,600 new jobs and maintain about 6,000 existing jobs across the country.

To learn more, read the story about how a guarantee fund changed the fate of Zuhra, a fruit farmer near Bishkek, and helped create new jobs.

Ministry of Justice Opens Two Free Legal Aid Centers in Kyrgyz Republic

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Ribbon cutting ceremony in Balykchi

The Ministry of Justice of the Kyrgyz Republic, with the support of EWMI’s USAID Kyrgyzstan Collaborative Governance Program (KCGP), inaugurated two Free Legal Aid Centers (FLACs) in the cities of Cholpon-Ata and Balykchi in the Issyk-Kul Oblast on June 22, 2018. In accordance with the Kyrgyz Republic Constitution and the “Law on State Guaranteed Legal Aid”, the Free Legal Aid Centers will provide equal access to legal aid for citizens and increase the level of legal protection for vulnerable populations. In these centers, visitors may consult with a lawyer, public notary officer, or defense attorney, who are all included in the system of state guaranteed legal aid.

The Director of the Center for Coordination of State-Guaranteed Legal Aid under the Ministry of Justice of the Kyrgyz Republic, Akzhol Kalbekov, attended the June 22nd opening ceremonies along with CGP Director, Garry Ledbetter, EWMI Regional Director of Legal Programs, Nicolas Mansfield, the Head of the Issyk-Kul Rayon Administration of the Kyrgyz Republic, Daniyar Imanaliev, the Mayor of Balykchi city, Almaz Mambetov, Issyk-Kul oblast court representatives, local self-government bodies, civil society organizations, and members of the media.

EMWI’s CGP Program is assisting the Ministry of Justice in its initiative to improve access to legal aid and previously supported the opening of six Free Legal Aid Centers in Isfana and Kadamjay in Batken Oblast, Jalal-Abad city and Bazar-Korgon village in Jalal-Abad Oblast, and Naryn city and Kochkor village in Naryn Oblast. CGP also provides assistance to strengthen existing Free Legal Aid Centers to improve the quality of the services provided by these centers. Currently, 22 Free Legal Aid Centers operate in Chui, Osh, Talas, Jalal-Abad, Batken, Naryn and Issyk-Kul Oblasts and in Bishkek.

More detailed information on the work of the Free Legal Aid Centers and their contact information can be obtained in the territorial units of the Ministry of Justice, and on its online map of legal services at: legalmap.gov.kg/ru and/or minjust.gov.kg.

The Collaborative Governance Program promotes effective collaboration between civil society, the private sector, and the Government of the Kyrgyz Republic. The Program is funded by the United States Agency for International Development (USAID) and is implemented by the East-West Management Institute (EWMI).

Kyrgyzstan Documents its 16 Days of Activism against Gender-Based Violence

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The 16 Days against Gender-Based Violence Campaign was launch in Kyrgyzstan with the "Orange Your Day" flash-mob, organized by UNiTE to End Violence Against Women and Girls national movement.

The UN Women Country Office in the Kyrgyz Republic and the UNiTE to End Violence Against Women and Girls National Movement in Kyrgyzstan have issued a report and video detailing their very successful 16 Days of Activism Against Gender-Based Violence campaign. The campaign was supported by UNRC, UNICEF, UNHCR, UNDP, UNFPA, OSCE Bishkek and Osh Offices, Soros Foundation in the Kyrgyz Republic, USAID, East-West Management Institute, European Union, the Embassy of Switzeland in KR, British Embassy, and other donor agencies.

Raising awareness about violence against women is especially important in Kyrgyzstan considering that the number of recorded acts of domestic violence is growing in Kyrgyzstan, and 90 percent of the victims of this violence are women. Sex labor trafficking is also a problem in the country. Underage girls and women from Kyrgyzstan are attracted and forced into sexual labor under the guise of being hired as nannies, maids, waitresses, and workers in other spheres. Furthermore, according to information gathered through the National Review of The Kyrgyz Republic in the Framework of the Beijing Declaration and Platform for Action, 60 percent of marriages in the countryside in mono-ethnic areas are accomplished through bride kidnapping (ala kachuu), of which two thirds are performed without the consent of the girl.

The 2014 16 Days of Activism Campaign in Kyrgyzstan included several activities centered on raising awareness of country specific issues to eliminate violence against women and girls, strengthen local work around violence against women, and strengthen youth participation and involvement in the Campaign. Some of the innovative events included:  

  • A graffiti project in Bishkek, encouraging youth to create street art about the 16 Days and HeForShe Campaign;
  • A self-defense project in Osh, led by a local NGO, on defense tools in case of harassment
  • Projects in Osh which had young people create handmade graphics on the daily gender stereotypes that they face in their everyday life;
  • A first-ever 16 Days project that raised awareness among sex-workers in saunas of Osh on what is violence and what to do if they face violence;
  • A project involving police in Talas, in which officers distributed orange ribbons in support of the Orange Campaign, encouraging people to care about peace in the family;
  • A unique project implemented by the Crisis Center Shans, involving perpetrators of violence, calling upon men to join the effort to combat family violence;
  • A video experiment on violence against women in the streets of Bishkek, to showcase the real situation when one faces violence in public; and
  • A project in Naryn, centered on the prevention of bride-kidnapping, among others.

EWMI’s Kyrgyzstan Collaborative Governance Program (KCGP) responded to UN Women’s request to join the campaign and provided support as needed, including providing support in the design and printing of over 11,200 informational brochures for crisis centers in Kyrgyzstan as part of the campaign. These brochures provide detailed information about where to apply for help in case of violence.

For more information about Kyrgyzstan’s fight against gender-based violence, please read the report issued by the UN Women Country Office in the Kyrgyz Republic and UNiTE to End Violence against Women and Girls National Movement in Kyrgyzstan provided below.

16 Days of Activism against Gender-based Violence Campaign Report

Building the Next Generation of Professional Civil Society Leaders in Kyrgyzstan

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Professor Lester Salamon and members of the Association for Civil Society Support Centers in Kyrgyz Republic

Today the global civil society sector is widely recognized as a major economic force. In a national study carried out by the Kyrgyz national Statistical Committee, in conjunction with Johns Hopkins University and the United Nations Volunteers Program in the Kyrgyz Republic, 2.3% of GDP and 3% of the workforce in Kyrgyzstan is comprised of the civil society sector. Furthermore, the research indicates that Kyrgyz civil society organizations that are nationally funded derive 85% of their income from fees for services, contributing to the organizations’ sustainability. This demonstrates the establishment of the civil society sector as a significant source of potential in the country.  

The civil society sector can also serve as a collaborator and facilitator for the government in the provision of public goods and services. However making this partnership thrive requires joint will, a supportive policy and legal environment, and a sophisticated workforce that can manage the complex funding and operational management these organizational partnerships require. In an effort to strengthen the civil society sector in Kyrgyzstan by developing a workforce of professional leaders, East-West Management Institute (EWMI) assisted in establishing a consortium of Universities on Nonprofit Management spearheaded by Kyrgyz National University. The Consortium will work to improve existing nonprofit management (NPM) courses, establish new career-track courses, and enhance academic capabilities and resources for NPM studies in Kyrgyzstan. Ongoing collaboration with civil society leaders will also be critical to ensure that new courses meet real world needs.

In December 2013, 27 faculty members from 16 public and private Consortium member universities gathered to participate in the first in a series of professional development workshops facilitated by EWMI’s Kyrgyzstan Collaborative Governance Program (KCGP) and Johns Hopkins University’s (JHU) Center for Civil Society Studies. The workshop was the key activity during a five day field visit by Professor Lester Salamon and two other JHU experts who actively engaged faculty and students in discussions about global trends and innovation in NPM and NPM studies, and the favorable shift in perception about the economic and social value of the nonprofit sector. The JHU team offered various lectures on NPM to a total of 55 CSOs, 19 faculty members, and 139 students from Osh and Bishkek.

In conjunction with the official launching ceremony for the Consortium of Universities on NPM , Kyrgyz National University launched its Nonprofit Resource Center, supported by EWMI’s CGP. The Center will coordinate the Consortium’s activities and will provide online and other resources to advance NPM studies in the Kyrgy Republic. The JHU team also offered various lectures on NPM to a total of 55 CSOs, 19 faculty members, and 139 students from Osh and Bishkek.

An initial Introduction to the Nonprofit Sector and Nonprofit Management course should be ready for the classroom at a number of Kyrgyz universities by the fall of 2014. Universities in the Consortium will then have the option to develop additional courses on specific topics — such as nonprofit law, financial management, or advocacy — to be offered in subsequent semesters. As a result of EWMI’s work, within four years, core courses in nonprofit management should be offered as a minor track at Kyrgyz National University and ideally in at least two other locations throughout the country.

Their plan is ambitious, but the confluence of motivated faculty, supportive rectors, and a vibrant and receptive NGO community bode well for their anticipated successes.

Bringing Innovation to Social Procurement in Kyrgyzstan

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Representatives of the Kyrgyz Government, international and civil society organizations attended the “Social Procurement: International and Kyrgyzstan Experience” conference.

On October 23, 2013, EWMI’s Kyrgyzstan Collaborative Governance Program (KCGP) organized a conference entitled “Social Procurement: International and Kyrgyzstan Experience” in partnership with the International Center for Not-for-Profit Law (ICNL) and UNICEF. Representatives of Kyrgyzstan’s government, including the Minister of Social Development and senior officials from other ministries, along with local authorities, civil society organizations and representatives from several international organizations were among the conference’s 70 participants. The conference featured four key experts in social procurement from Bulgaria, Azerbaijan and the United States as speakers.  

Both Kyrgyz and international participants shared their experiences in developing and implementing social procurement in order to provide a broader context for enhancing the legislative and procedural framework for social procurement in Kyrgyzstan. Aside from exchanging vital information and experience, the Conference was also a forum to begin the process of establishing a working group of representatives from these various stakeholder organizations to provide critical input to improve the mechanisms and process of procurement of social services in Kyrgyzstan.

According to a report cited by Irina Lukashova, a consultant for EWMI CGP, the number of non-profit organizations applying for social service delivery projects in Kyrgyzstan has tripled over the last three years, from only about 42 applicant organizations in 2009, to 132 organizations in 2012. These funding requests were to support a variety of social projects, such as preventing child abandonment, neglect and child labor, or improving the social integration of children with special needs.  

State funding allocated for social procurement has also jumped substantially. In 2009, the allocated budget was just over 4 million KGS, or about $82 thousand USD. As of this year, fund allocation has reached nearly 14 million KGS, according to Kudaibergen Bazarbaev, Minister of Social Development. Minister Bazarbaev openly expressed his support for social procurement as a mechanism through which the government can successfully engage NGOs in social service delivery, and he hopes that the momentum gained by his ministry will attract other material and financial resources and be replicated by other ministries. He noted that a growing social service sector will increase competition, thereby improving the quality of social services provided. He also supports development of an improved legal mechanism to better ensure fair and efficient provision of social services. Djoldosheva Nuriyla, Head of the Department of Social Development in Kyrgyzstan, contributed to the discussion, adding that the success of other countries in providing social service delivery through NGOs confirms that social procurement is beneficial for everyone, including the state.  It allows the state to provide services in more locations, with better overall quality and typically at a cheaper price, while simultaneous improving the professionalism and sustainability of the NGO sector.

Overall, conference participants were supportive of the need for social procurement reforms. Participants were pleased to support further development of social procurement mechanisms in order to contribute to the improvement of social services, services which are a lifeline for many citizens throughout Kyrgyzstan.