CRC/C/15/Add.213
page 2
the Criminal Code (1997), the Code of Criminal Procedure (1997), the Code for the Execution of
Criminal Penalties (1997), the Code of Administrative Offences (2001), the Rights of the Child
Act (2002) and the Children with Disabilities Act (2002).
5.
The Committee appreciates the cooperation of the State party with OHCHR and the
agreement to establish in Kazakhstan one of the two regional offices of the OHCHR regional
project for Central Asia. The Committee notes cooperation with other United Nations bodies
and agencies as well as other international and regional organizations, in particular programmes
of WHO, ILO, UNHCR, UNFPA and UNICEF.
6.
The Committee notes the preparation of the outline of State policy on young people and
the “Youth Kazakhstan” programme; the Department on family problems dealing with protection
of the rights and lawful interests of children, set up within the National Commission on Family
and Women’s Matters in the Office of the President; and the Council on Youth Affairs set up in
July 2000.
C. Factors and difficulties impeding the
implementation of the Convention
7.
The Committee notes that the State party continues to deal with serious economic, social
and political challenges following independence in 1991, including a deterioration of living
standards, high unemployment and growing poverty affecting particularly the most vulnerable
groups of society, including single-parent families, and certain regions disproportionately.
Furthermore, the two major ecological disasters - the shrinking of the Aral Sea and the
radioactive contamination at the Semipalatinsk nuclear testing facility - have affected the health
of a significant part of the population and their access to safe drinking water.
D. Principal subjects of concern, suggestions
and recommendations
1. General measures of implementation
Legislation and implementation
8.
The Committee notes that international treaties ratified by Kazakhstan may be directly
invoked in courts; however, it also notes that judicial practice demonstrates that these treaties are
not used in domestic legal proceedings. It further notes that the Convention may take
precedence over domestic law provisions in case of a conflict between the two, but is concerned
that this is not always the case. The Committee, while welcoming the many legislative measures
taken, is concerned that their implementation is lacking or insufficient and restricted due to
limited resources.
9.
The Committee recommends that the State party continue and strengthen its efforts
to bring national laws to full compliance with the principles and provisions of the
Convention. The Committee further recommends that as a matter of priority the State
party makes sure that a mechanism/body is in charge of the effective implementation of the
laws enacted with a view to implementing the Convention, and that sufficient human,
financial and other resources are available.