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The prisoner of Kazakhstan

The South Kazakhstan №46 (19.068)25.04.2012
O. Sivtsova

«While the spaceships are furrowing the world oceans, the brides of Kazakhstan are continued to kidnap»- the phrase which I have read in one of the internet articles I considered that it was the best theme to my article.  There are two comparing processes: the first case is the global human achievement and the second case is the ancient custom which roughly violates the rights of women breaking their fates, but previously it has the same place in our life. The problem of forced and early marriages is worthy the intent attention of government organs and society in our country. However there were not any investigations and statistics in this field. By the way there are continued to practice the patriarchal customs and traditions, breaking the rights of minor girls. This practice is spread especially in the countryside of Almaty and South Kazakhstan. The investigation hold by NGO «The League of Women for creative initiatives » proves it and was discussed recently by its representative A. Khairulina at the round table in Shymkent in 2011

More than 60 per cent of the respondents interrogated by us maintained that more than once they faced with the kidnapping of minor brides in their life. And 74 per cent of teenagers admitted that they had familiar contemporaries who were kidnaped for the marriage. It is time when the society should be changed in order to express its disapproval and judge the marriage against one's will. It should be considered as negative act, especially in the case of victim teenagers, - it addressed to the participants of action – to representatives of state agencies, NGO, clergy, to heads of public organizations in our region.

The statistics of «The League of women for creative initiatives» really causes the alarm, because of early marriages, especially a violent marriage, irreparably harms girls in all spheres. The consequences are the mortality of parent and child, lack of possibility to get education, to find a job, the risk to become victim of constant violence and, at last, the broken life.

I managed to meet the woman, mother of three children, on the recent business trip to the Sayram region, she agreed to tell the love story with the unique request – not to call her name and surname. Because of acquaintances and relatives would ridicule and would discuss.

Alia (we will call her so) was kidnapped at her 17th. She was walking in the street and rejoicing in the spring that on all trees dismissed greens in her native village. There was final examinations, in her mind was the recent conversation with parents who were hardly persuaded on the entering the University of High Education Pedagogy after school. The shine of Alia’s eyes flashed each time as soon as the girl imagined the city, student's independent life, arrangement in a dormitory day lectures and evening walks in the parks, and after the graduation the higher education she saw herself as a strict teacher in one of city schools. Sharp squeal of brakes of the car interrupted her dreams. She didn't manage to gasp, as someone's strong man's hands picked up her and dragged in the salon. «Aybek? » - with surprising she looked at the kidnapper, having recognized him the guy from the next village whom she  saw  once in her life on the wedding of her neighbor. Alia sobbed in a minute – she realized that all her dreams unconditionally and irrevocably failed.

– Further everything occurred as usual in such cases. My parents were informed, they put the scarf on my head and they invited all the relatives, those people congratulated and kissed me, and I endlessly cried, - the woman remembers with grief. – Nobody interested in my study and personal plans. I was not allowed to graduate 11th grade. Well, why do you need the study? Nowyoumarriedandyoumustserveyourhusband.

Alia started to give the birth children one by one after the modest wedding. Alia completely devoted herself to their children education and household chores. Walking with her children she see the school girlfriends coming from the city to the village on vacation. They personified happy youth in their 22-23th, shared impressions about student's life in the city. Alia on their background looked like a 35-year-old exhausted woman. And each similar meeting turned around for her as deaf sobbing in a pillow that the husband didn’t hear. And by the way, he ignored the feelings of his wife, whom he had never loved. When he got mistress and frankly started to vanish in her house, Alia's patience finally burst, then she submitted the application for divorce. Today she lives at the parent’s house. The hope to find the second family has come to naught.  – Who needs the rural uneducated woman with three children?

-I will protect my daughter from the violence marriage and she will marry only by love.  Even I will be judged for it by my village!- confirmed Alia. One broken fate is enough. Unfortunately all parents don’t support their marriage by they will. As the all investigations show of «The League of women for creative initiatives» in many families especially where the kidnapping the brides are committed by their sons and this custom is encouraged. The main argument of kidnapping the brides is the decreasing the marriage expenses.   1,8  per cent  interrogated despondences by League seem more persuading:  the kidnapping the bride is an ancient Muslim custom.  

However according to the representative of Clergy administration of Muslims in the South of Kazakhstan the main imam of the region mosque «Abdul Hamid Kattani» B. Mirzageldieva, the official Islam is categorically against any discrimination of girls and women. And according to the norms of sharia that kidnapped brides should give compulsory agreement to the marriage. Also before the commission of ceremony «neke» «religious marriage», the clergy is obliged to request the certificate of marriage from the Registration Office and the presence of parents and trustees.   It can considerably reduce the number of early marriages, and also the birth of children out of marriage in the country.

But the intervention of one clergy isn't able to solve a problem. It is necessary to involve forces of various structures first of all which will start to inform women about their rights and form public opinion of Kazakhstan citizens, free from the social stereotypes and religious errors which threaten minor girls with early and violent marriages.

What do they need to know and remember who wants to protect themselves and their children from the compulsory marriage?

The legislation of our republic is ready to protect them. Article 122 Order of Republic of Kazakhstan is applied in the case when the robbed bride is minor. It says that for the sexual intercourse and other actions of sexual character with the person does not reached 16-year age, imprisonment by term from 3 to 5 years threatens. The Kazakhstan criminal code also provides for kidnapping imprisonment within 12 years (the clause 125 Order of Republic of Kazakhstan). To address to justice it is possible and in a case when the minor girl is given to marriage without her consent by arrangement between families (article 126 Order of Republic of Kazakhstan).

However, according to experts of NGO «The League of women for creative initiatives» only 16,7 percent of girls address for the help in law enforcement agencies, and 51 – apply on the help of relatives. Therefore quantity of the fixed cases of kidnapping of brides, in reports of the Kazakhstan law-enforcement bodies – units, as well as quantity punished.

According to our inquiries in law enforcement agencies on the South Kazakhstan for the last years there is no criminal case prosecuted according the article  125 of RK ,– confirms the director KH. Abysheva of NGO «The Legal center for women initiatives». More often such affairs don't reach the criminal prosecution and it is solved at the level of reconciliation of the parties, and sometimes under the pressure of the kidnapper’s family and relatives.

Anyway, to turn a blind eye on cases of kidnapping minor brides, calling it as compulsory marriages and the sexual exploitation by ancient custom, it is unacceptable in modern society of Kazakhstan. Following culture and traditions, it should provide children’s wellbeing, protection and the happy future.

The national telephone hotline for children and youth works 24 hours free of charge and anonymously – 150

NGO «The Legal center for women’s initiatives «Sana-Sezim»-8(7252) 551-300

The Department for Child Protection in the South Kazakhstan region