Access to Justice in Central Asia

Caucasus Research Resource Centers Summary Results

Presented by: Dr George WeltonWork (not really) in Progress

6th April 2011

Research components

• Literature review of background materials on A2J in CA and A2J research strategies

• Expert interviews– 74 expert interviews and follow-ups covering 49

organizations– Stakeholder involvement at multiple levels

• Nationwide surveys• 9 focus groups concentrating on vulnerable

women and youth

Survey• Survey in Kazakhstan, Kyrgyzstan and Tajikistan• Designed and overseen by CRRC, conducted

by M-Vector• Nationally representative – with certain

caveats – Some areas inaccessible and language problems

• Total of 1926 interviews conducted

Quick background

CountryPopulation

(million)Surface area

(km2)

GDP per capita (PPP)

USD

Rural population (% of total)

Agriculture as % of GDP

Kazakhstan 15.8 2 724 900 11 510 42% 6%

Kyrgyzstan 5 .3 199 950 2 283 64% 29%

Tajikistan 7 142 550 1 972 74% 22%

Pre-weighted profile of respondents (%)Kazakhstan Kyrgyzstan Tajikistan

Women 59 54 52Ethnic national 52 78 83Married 57 71 80Completed secondary education or higher 89 94 77Work 56 40 34Less than $100 per month 42 66 80Employment in private sector 23 12 2Employment in public sector 19 17 24

Structure of the presentation

• Problems

• Different mechanisms for resolving dispute

• The six barriers to justice

Theft

Problem divorce

Violent crim

e

Document r

egistration

Violence in

the home

Dispute

s ove

r inherit

ance

Dispute

s with

officials o

ver land or p

roperty

Disputes w

ith officia

ls ove

r oth

er issu

es

Dispute

s with

neighbours over la

nd

16 9 5 11 4 5 4 2 2

4443 42 28

26 24 21 205

Problems deemed common in Kazakhstan (%)

Very common Common

Theft

Document r

egistration

Problem divorce

Disputes w

ith officia

ls ove

r land or p

roperty

Violent crim

e

Dispute

s with

officials o

ver oth

er issu

es

Violence in

the home

Disputes o

ver inherit

ance

Dispute

s with

neighbours over la

nd

21 18 11 15 12 13 9 7 5

32 29 32 24 26 2421 19 20

Problems deemed common in Kyr-gyzstan (%)

Very common Common

Problem divorce

Document r

egistration

Violence in

the home

Theft

Dispute

s with

neighbours over la

nd

Dispute

s ove

r inherit

ance

Dispute

s with

officials o

ver land or p

roperty

Disputes w

ith officia

ls over o

ther is

sues

Violent crim

e3 4 1 2 2 1 2 1 1

14 11 11 10 8 9 8 7 7

Problems deemed common in Tajikistan (%)

Very common Common

Biggest problems in each countryProblem Kazakhstan Kyrgyzstan Tajikistan

1 Theft Theft Problem divorce

2 Problem divorce Document registration

Document registration

3 Violent crime Problem divorce Violence in the home

4 Document registration

Problem with officials over land or property

Theft

5 Violence in the home

Violent crime Dispute over land or property (neighbor, family or state)

Problems facing particular groups

• Women– Education– Domestic violence– Registration of marriage and property– Fair treatment in the event of divorce

• Young people– Education– Employment– Crime

• People with disabilities– Knowledge of rights– Enforcement of the law– Physical access to facilities (Braille and wheelchair access)

4 1 0 69 5 1 09 8 4 2

Over the past five years which institution have you addressed to resolve a legal issue (%)

Kazakhstan Kyrgyzstan Tajikistan

22 20 2235 28

620

39

14

Why did you choose an informal rather than a formal authority? (%)

Kazakhstan Kyrgyzstan Tajikistan

Head of village or local government official

Court Police Village/community Elders

19

55

71

39

2113 13

30

2012

31

What is the most likely authority to which a person would take her dispute with a neighbor over land?

(%)Kazakhstan Kyrgyzstan Tajikistan

Lawyer/legal

aid center

Police

Village/co

mmunity Elders

Women's counse

l

Head of villa

ge or loca

l gove

rnment officia

l

4530

0 3 1

48

14 10 7 6

40

16 244 7

If a woman is being unfairly treated by her husband in a process of divorce and decides to seek help from an outside

authority, to whom is she most likely to go for help? (%)

Kazakhstan Kyrgyzstan Tajikistan

Police

Local

Court

Women's Counse

l

Village/co

mmunity Elders

Local

Religious l

eaders

Head of villa

ge or loca

l gove

rnment officia

l

66

142 0 0 1

37

2110 8

2 2

2128

5

23

110

Except relatives, what is the most likely authority to which a woman would go if she has been beaten by a member of her fam-

ily? (%)Kazakhstan Kyrgyzstan Tajikistan

Barriers to Justice1. Unwillingness to involve others in solving

disputes2. Poor knowledge of the law3. Lack of resources4. Practical hurdles to using the courts5. Corruption6. Structural bias in the legal system

Barrier to justice 1Unwillingness to involve others in

resolving disputes

75 76 7778 7385

59 5466

People who say you should involve an external authority to... (%)

Kazakhstan Kyrgyzstan Tajikistan

Kazakhstan Kyrgyzstan Tajikistan

80 77

52

69 69

56

People who say that a woman who is being beaten by a member of her family should

involve an external authority to stop it (%)Female Male

Domestic issues are particularly sensitive…

“There is a saying that good wives do not take the garbage out of the house nor do they leave.”

Lecturer, 26, married, Issik-Kul, Kyrgyzstan

“I think rural women are brought up that way. My grandmother would always tell me: ‘You need to, be tolerant. We women are created for a family. If the husband brings something, be thankful. If he is handsome, if he is ugly, accept and be thankful. When he beats you also be thankful that you are married. If he divorces you or you become a widow then no one will respect you.’”

Teacher, 56, widow, Tursun-Zadeh, Tajikistan

“In the village, if a woman walks around with bruises, everyone says it is her own fault.”

Housewife, 22, married, Chilik, Kazakhstan

Some fear involving authorities for other reasons…

• Women feel their rights are ignored “Only men have rights. Women do not have rights. Women are unprotected and

attract general abuse.” Housewife, 30, married, Kara-Balta, Kyrgyzstan

• Some young people may feel that they will get into trouble “Even if the guy from the city is guilty, they [the police] can still blame the one from

Novostroyka.” College student, 20, male, Novostroyka in Kyrgyzstan

“Some say ‘if you end up there [the police], you will admit that you killed Lenin.’ It is the case in reality. I was tortured and beaten. They were telling me about the little children that have gone missing in Dushanbe. And then they put a gun in front of me and told me if I don’t tell them that I did that, they will shoot me dead. ”

Student, 18, male, Dushanbe, Tajikistan

Barrier to justice 2Poor knowledge of the law

50 5645

90

43

74

47

90

3121

4464

Knowledge of legal issues (%)Kazakhstan Kyrgyzstan Tajikistan

Low levels of knowledge affect certain groups harder

• Women in rural areas “I didn’t know about my rights before coming to this center. It turns out as a woman I also have rights.”

Hairdresser, 45, divorced, Pokrovka, Tajikistan

• OrphansMay have rights to property but lose them because they do not know about their rights.

• Disabled“Only 10 percent out of 100 percent of disabled women would know their

rights.”Information manager, Shyrak Association of Disabled Women, Kazakhstan

Barrier to justice 3Lack of resources

Kazakhstan Kyrgyzstan Tajikistan

18

2821

60

33

21

People who know where to get legal consultation (%)

Free legal consultations Affordable legal consultations

• High levels of poverty• Even where resources available, there is little

inclination to risk them • Criminal defense is (usually) offered by the state

but quality is low• Women vulnerable– Women lack independent sources of income– Easy for husband to avoid child support and splitting

property even when judgment is made

Reason for low use of legal problem resolution

• High levels of poverty• Even where resources available, there is little

inclination to risk them • Criminal defense is (usually) offered by the state

but quality is low• Women vulnerable– Women lack independent sources of income– Easy for husband to avoid child support and splitting

property even when judgment is made

Reason for low use of legal problem resolution

Barrier to justice 4Practical hurdles to using the

courts

Number and distribution of lawyers by region in Kyrgyzstan (2003)

Region Population No of advocates

No of trained advocates per

10,000 populationBishkek City 762, 300 611 8.0Batken Oblast 382, 400 15 0.4Jalal-Abad Oblast 869,300 112 1.3Issyk-Kul Oblast 413,100 53 1.3Naryn Oblast 249,100 26 1.0Osh Oblast 1,175,900 226 1.9Talas Oblast 199,900 27 1.4Chui Oblast 770,800 112 1.5Total 4,822,000 1192 2.5Ref: American Bar Association (2004), Legal Profession Reform Index: Kyrgyzstan, Washington, USA p. 35

Number of Licensed Collegium Advocates in the Regions of Tajikistan (2005)

Region Population No of advocates

No of trained advocates per

10,000 population

Dushanbe 619,400 184 2.97

Sogd Oblast 1,992,600 149 0.75Raions of Republican Subordination

1,467,600 41 0.28

Khalton Oblast 2,344,600 47 0.21

GBAO 215,800 2 0.09

Total 6,640,000 423 0.64

Ref: Originally prepared by Alternative NGO Report (2005) to the United National Human Rights Committee in Relation to the Examination of the Initial Report by the Republic of Tajikistan on the Implementation of the International Covenant on Civil and Political Rights. American Bar Association. (2006). Legal Profession Reform Index: Tajikistan. Washington, USA. P. 33.

Lack of Documentation• Propiska or passport – missing from vulnerable

groups and internal migrants. Needed.. – to take a case to court– to interact with government (for social protection)– to get married or register a new child

• Marriage license – needed to ensure that if there is separation then:– child support– right to marital property

• Proper registration of child – needed for child support

Examples from focus groups of problems in documentation

“I have been living and having children without a passport. When the person does not have an education, she does not realize that she needs documents.”

Hairdresser, 45, divorced, Pokrovka, Kyrgyzstan

“In the village, many people live without documents until their death. When you want to run away from abuse, you can’t go anywhere without documents.”

Lecturer, 26, married, Issik-Kul, Kyrgyzstan

“My daughter is married. She has two children; the eldest is five years old already. She lives with her husband but does not have official registration.”

Cashier, 51, married, Shakhrinev, Tajikistan

Barrier to justice 5Corruption

Least trusted institutions by countryLeast Trusted

InstitutionKazakhstan Kyrgyzstan Tajikistan

1 Police Judges Religious institutions

2 Religious institutions

Legal system NGOs

3 Judges Police Banks

4 Legal system Prosecutors office Local government

5 Health-care system Religious institutions

Police

Objective

Uncorrupt

Quick

Affordable

Competent

11

6

6

8

14

36

18

23

28

41

31

37

39

35

25

7

24

15

8

6

15

14

16

20

13

In resolving disputes, Kazakhstan's court system is... (%)

Fully agreeAgreeDisagreeFully disagreeDK

Objective

Uncorrupt

Quick

Affordable

Competent

4

1

2

2

2

26

12

21

15

27

39

46

41

39

37

14

27

16

18

15

16

13

19

25

19

In resolving disputes, Kyrgyzstan's court system is... (%)

Fully agreeAgreeDisagreeFully disagreeDK

Competent

Affordable

Quick

Uncorrupt

Objective

31

21

25

12

35

43

43

13

37

41

9

17

37

17

7

2

3

14

5

2

11

15

6

24

14

In resolving disputes, Tajikistan's court system is... (%)

Fully agreeAgreeDisagreeFully disagreeDK

Experience of corruption

“The police will not do anything unless you give them money. Money decides everything now. It is unfair. If they find the one who was guilty then that person pays money. The one who addressed the police, who is the victim, will be named guilty.”

Young person, Dushanbe, Tajikistan

“Imagine criminals the who attacked me, I go to the police and there is no point. Even if they get arrested, they will be let free in any case. They are criminals, they have money and connections.”

Young person, Novostroika, Almaty, Kazakhstan

“Even if the police take him away, in our village if he has 200 Som, they let him go. He comes back home and starts beating you more.”

Housewife, 30, married, Kara-Balta, Kyrgyzstan

Access to JusticeBarrier 6

Structural bias in the legal system

Power of the state/prosecutor in legal affairs• Power of the prosecutor

– To decide upon pre-trial detention (effectively, even if not in law)– Prime mover in collection of evidence and presentation of the

case– High conviction rates

• Weakness of Judge– Lack of independence (not just corruption)– Lack of training

• Weakness and low skills of defense– Defense has few rights– Often dependent on the court for payment– Low level of professionalism

Other sources of bias reported in the literature

• Classification of cases– Administrative cases have fewer protections but can involve jail time– ‘Reconciliation’ (specifically in Kazakhstan) for particular cases tends to be used

in domestic cases

• The use of informal law– Aksakal courts (Kyrgyzstan) and Mahalla councils (Kyrgyzstan and Tajikistan)

tend to prefer reconciliation to conservative solutions– Informal courts are often ignorant of formal law

• Police and prosecutors judged on conviction rates– Do not like to take domestic cases that might collapse– Incentive to pursue conviction rather than justice

Conclusion

Key Findings• Main problems:– theft– land issues– problem divorce– domestic violence

• The picture is varied and non-obvious so continuing research is needed.

• Non-formal channels often used:– Government officials (all three countries)– Village elders (Kyrgyzstan and Tajikistan)

• Resource, knowledge and access issues more prominent in Kyrgyzstan and Tajikistan

Suggestive specific interventions

Barrier Activity Particular countries

1/ Unwillingness

3/ Knowledge Legal education Kyrgyzstan and Tajikistan

2/ ResourcesFree or subsidized legal services Kyrgyzstan and Tajikistan

5/ Practical barriers Legal outreach Kyrgystan and Tajikistan

Education and advertising drive for formal marriage registration Tajikistan

6/ Structural biases Look at 'reconciliation' process Kazakhstan

Training for aksakal councils Kyrgyzstan

Training for mahalla councils Kyrgyzstan and Tajikistan

Suggestive general interventions

Barrier Activity Who it assists

2/ Trust Macro-reform to legal system EveryoneAssisting in the establishment of youth-oriented judicial processes and training Youth

Investigative training of police Everyone

5/ Practical hurdles Advocate for reforms to propiska system Internal migrants

Assistance for unregistered migrants Internal migrants

6/ Structural biasesTraining for local government officials on land and family law

Women and rural communities

Make child support payments and property division harder to avoid Women

Advocate and train on issues relating to domestic violence across all legal professionals Women

Advocate and train on equality and access issues PWDs