‘Feminita’ is a Kazakhstan queer-Feminist Initiative working on monitoring and documentation of discrimination and hate crime cases based on sexual orientation and gender identity (SOGI) and advocacy of the rights of LBQT women in Kazakhstan.
During the 3rd Universal Periodic Review (UPR) Kazakhstan received 11 recommendations related to sexual orientation, gender identity and lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI) persons. Among them, one recommendation to “guarantee an enabling environment for civil society activities, activist groups and human rights defenders of lesbian, gay, bisexual, transgender and intersex persons” enjoyed the support of Kazakhstan (A/HRC/43/10, III, §139, rec. 139,48, Chile), which is considered to be partially implemented.
‘Feminita’ was a part of all roundtables led by the Ministry of Justice during 2020-2024. The officials dedicated only 1 online meeting in the beginning of 2021 to discuss SOGI recommendation which is not possible for implementation.
We are deeply concerned regarding right to freedom of assemblies, right to freedom of association, anti-discrimination legislation and hate speech, hate crime, and police misconduct. ‘Feminita’ was continuously denied registering NGO since 2017. Peaceful assemblies of ‘Feminita’ were repeatedly attacked and interrupted with police inaction and cities administration support (physical violence, denials of rent, electricity outage, pressure on local business, digital surveillance and intimidation, unlawful detention).
We appreciate Kazakhstan that government institutions invited us to roundtables, events dedicated to UPR implementation and petition against so called “LGBT propaganda” to discuss SOGI issues.
Although Kazakhstan presents itself as democratic, rule of law, progressive, the national equality legislation provides an inadequate definition of discrimination, does not establish a clear cause of action for lesbian, bisexual, queer and transgender women experiencing discrimination, and does not provide remedies in cases of discrimination. Additionally, there are cases of hate speeches made by 7 Members of Parliament which were escalating discrimination, hate crime, violence, harassment against LGBTQI community.
We urge the State:
- Allocate and increase sufficient resources for training of government workers and all police workers inviting LGBTQI activists, activist groups and human rights defenders in order to implement recommendations for equality and non-discrimination.
- Create the environment for LGBTQI so they can register their initiatives and work legally.
- Allocate resources to inform the public with help of mass media about recommendations on gender equality and non-discrimination.
Furthermore, we ask the recommending states to reiterate the 10 recommendations on SOGI from the 3rd cycle of UPR that are still relevant for this cycle.
Delivered by Anastassiya Rochshupkina
Astana, 31.10.2024