Base de Datos Género y Derecho a la Tierra


Derechos consagrados en la Constitución

The Constitution of the Kyrgyz Republic, 2010
- Article 12:

(1) In the Kyrgyz Republic the diversity of forms of property shall be recognized and equal legal protection to private, state, municipal and other forms of property shall be guaranteed.

(2) Property shall be inviolable. No one can be arbitrarily deprived of his/her property.

Confiscation of property against the will of the owner shall be allowed only upon decision of a court.

Forced confiscation of property without the decision of a court shall be allowed in cases stipulated by law, for the purposes of protecting national security, public order, protection of health and morale of the population as well as protection of rights and freedoms of other persons. The legality of such confiscation shall be subject to mandatory review in court.

The alienation of property for public needs defined in the law may be carried out upon the decision of a court ensuring prior and equitable compensation for the value of such property as well as for other losses incurred as a result of such alienation.

(5) The land, its resources, airspace, waters, forests, flora and fauna, as well as other natural resources shall be the exclusive property of the Kyrgyz Republic; these shall be used for the purpose of preserving a unified environmental system as the basis of life and activity of the people of Kyrgyzstan and shall enjoy special protection from the State. Land may also be in private, municipal and other forms of ownership except for pastures which may not be in private property.

- Article 16

(2) The Kyrgyz Republic shall respect and ensure human rights and freedoms to all persons on its territory and under its jurisdiction.

No one may be subject to discrimination on the basis of sex, race, language, disability, ethnicity, belief, age, political and other convictions, education, background, proprietary and other status as well as other circumstances. Special measures defined by law and aimed at ensuring equal opportunities for various social groups in accordance with international commitments shall not be considered as discrimination.

(3) In the Kyrgyz Republic everyone shall be equal before the law and the courts.

(4) In the Kyrgyz Republic men and women shall have equal rights and freedoms and equal opportunities for their realization.

- Article 36(5): Persons reaching the age of consent shall have the right to marry and create a family. No marriage may be entered into without voluntary and mutual consent of the couple. The marriage shall be registered by the state.

- Article 37(1): In the Kyrgyz Republic, folk customs and traditions which do not infringe upon human rights and freedoms shall be supported by the State.

- Article 40:

1. Everyone shall be guaranteed judicial protection of his/her rights and freedoms envisaged in the present Constitution, laws, international treaties to which the Kyrgyz Republic is a party as well as universally recognized principles and norms of international law.

The state shall ensure the development of extrajudicial and pre-trial methods, forms and means to protect human and civil rights and freedoms.


3. Everyone shall have the right to be provided with qualified legal aid. In cases provided for in the law, legal aid is rendered at the expense of the state.

- Article 42:

(1) Everyone shall have the right to possess, use and dispose of his/her property and results of activity.

(2) Everyone shall have the right to economic freedom and free use of his/her abilities and property for any economic activity not prohibited by law.

(3) Everyone shall have the right to freedom of labor, the use of his/her their abilities for work and choice of profession and occupation, labor protection and labor arrangements meeting safety and hygienic requirements as well as the right to remuneration for labor not less than the minimum subsistence level.

- Article 59:

The citizens of the Kyrgyz Republic shall have the right to establish the courts of aksakaly [elders].

The competences, the procedures of establishment and the activity of the courts of aksakaly [elders] shall be defined by the law.

- Article 103:

Justice shall be administered free of charge in cases provided for in the law as well as in all cases where the parties to judicial proceedings submit proof that they do not have sufficient means to conduct them.

Derechos de la mujer de propiedad y uso de la tierra en los Códigos Civil, de Familia y del Trabajo

The Family Code of 2003:
- Article 3 prohibits any form of restriction of the rights of citizens upon entry into marriage or in family relations on the grounds of social, racial, ethnic, language or religious affiliation. The Code provides for equality of the spouses in family relations, which is protected by society and the State. It also fixes the equal personal and property rights of men and women in family relations. 
- The Code introduces the institution of the marital contract, which is an agreement between the individuals that defines the property rights and obligations of the spouses in the marriage and/or in the event of its dissolution (8). The only legal marriage ceremonies are state-sanctioned, although the participants may have religious ceremonies as well. Marriage is finalized with registration (16).
- The marital contract may be adjudged by a court to be wholly or partially invalid on grounds specified in the Civil Code for the invalidity of transactions, as provided for in Articles 183−199.
- Article 14 sets the minimum marriageable age at 18 years, which can be lowered by two years only for women.
- Under Article 32, each spouse is free to choose his or her line of work, job, workplace and place of residence. The fact that a woman is married does not restrict her right to choose her place of residence.
Sub-article 32[5] does not allow gender discrimination by one spouse against the other. 
- Article 41 states that household work may not serve as a means of gender discrimination and must be done equally by both spouses (8).

The Labour Code of 2004:
- The chapter titled “Features of the Regulation of the Labour of Women and Other Individuals with Family Responsibilities” provides guarantees for working women and for both parents (8).

Concept for Wage Reform in the Kyrgyz Republic for 2003−2010, approved in 2002 by Presidential Decree No. 375:
- It is meant to eliminate discrimination against employees on the basis of ethnicity, nationality, sex, age or creed with regard to wages, which are determined in accordance with the principle of equal pay for work of equal value.
The document specifies additional guarantees for remuneration for labour for certain categories of employees, including minors, women with young children and disabled people (8).
The Criminal Code of 1997:
- Covers violent crimes of a sexual nature with Articles 129, Rape, 130, Violent Acts of a Sexual Nature, 131, Coercion to Commit Sexual Acts, and 133, Sexual Abuse.
- Article 134 sets out penalties for infringement of the equality of citizens on grounds of sex (3).
- Article 155 stipulates punishment for coercing a woman to marry (8).

Law on the Social and Legal Protection against Violence in the Family of 2003, amended in 2004: 
- Article 1 extends legal protection to families that are based on a marriage that is not registered with the Civil Registry Office (8).

Law of the Kyrgyz Republic on Citizenship of the Kyrgyz Republic, 2007

- Article 4(1): Each person in the Kyrgyz Republic has the right to citizenship.

- Article 13(2): The period of residence of foreign citizens and persons without citizenship on the territory of the Kyrgyz Republic set forth by clause 1 of this Article, shall be reduced up to three years if one of the following grounds exists: 1) availability of marriage with a citizen of the Kyrgyz Republic

- Article 20: men and women can transfer their citizenship to their children under the same conditions.

Article 39: the procedure for the issuance of passports is the same for men and women.

Mecanismos legales de herencia

The Family Code of 2003 guarantees equal rights in regard to the distribution of property (11).

The New Civil Code of 1996

- Article 1142: Top Priority of the Heirs at Law: Children of the testator, including adopted, as well as the spouse and the parents (adoptive parents) of the testator shall have top priority in intestate succession. Children of the testator who were born after his death shall also be referred to top priority heirs.

- Article 1150(1): Spouse's Succession Rights: Succession right belonging to a spouse by virtue of testament or at law shall not affect his other property rights connected with marrying the testator including the ownership rights to part of the property commonly acquired during marriage.

- Article 1162: Preferential Right of Certain Heirs to the Property, Included into Succession:

1. Heirs who have lived together with the testator during three years before the commencement of the succession shall have preferential right over other heirs called to succession to inherit an apartment, residential house, other residential premise, as well as household articles.

2. Heirs who have right to common ownership to the property together with the testator shall have preferential right over other heirs called to succession to inherit the property which was in common ownership.

3. Where preferential rights established in point 1 and 2 of this Article are exercised, the property interests of other heirs who participate in the partition must be observed. If the property of the succession is not enough to provide the shares payable to them, the heir exercising the preferential right must provide them relevant cash or property compensation.

Legislación de tierras

The Land Code of 1999:
- Article 4 states that land may be owned by the state or may be under communal, private or other forms of ownership. It also defines state lands and communal ownership. 
- Article 5 concerns rights of foreigners to use land. 
- Article 10 defines the Land Fund, which is comprised of agricultural and non-agricultural land.
- Chapter 21 provides for the registration, monitoring and quality assessment of land and for land surveys. It also provides for a specially authorized state agency to be established for these and other purposes to carry this Act into effect. 
- Chapter 22 provides for the settlement of land disputes (17).

Law on State Registration of Rights to Immovable Property of 1998:
- It establishes a registration system of rights to land (10).

Law No. 4 of 2001 on management of agricultural land, amended in 2006: Establishes that agricultural land shall be the exclusive property of the State and of citizens permanently living in rural areas for at least two years. Allotment in ownership and transfer of agricultural land shall be prohibited to:

i. Foreign natural and legal people and foreign states;

ii. Stateless people living on the territory of the country;

iii. Legal persons of the country and joint ventures;  and

iv. Married couples if one conjoint is a foreigner or stateless person. 
- The Act consists of 12 sections divided into 37 articles: [1] general provisions; [2] right of ownership; [3] state registration of rights to agricultural land; [4] purposeful use of agricultural land; [5] lease; [6] exchange of agricultural land; [7] purchase and sale of agricultural land; [8] mortgage of agricultural land; [9] inheritance and donation of agricultural land; [10] purchase of agricultural land for public purposes; [11] expropriation for settling debt; and [12] entry into force of the Law. 
- The state registration of the right of ownership to agricultural land shall be carried out by the authorized governmental institution. The state registration of plots of agricultural land reshaped without authorization shall be prohibited. 

- Agricultural land shall be used and given in lease exclusively for agricultural purposes. An owner of a share of agricultural land shall be authorized to sell it exclusively to the other owners of shares of the same plot of land without payment of the registration fee. The buyers of agricultural land shall be Kyrgyz nationals who are at least 18 years of age. The maximum land area that may be owned by a single citizen shall not exceed 50 hectares (17).
- Article 15 provides that an entire plot of land may be sold or that part of it may be sectioned into an independent parcel. It is legal to give land parcels and plots as gifts, but the size of the parcel or plot that serves as a gift may not be smaller than the average commercial size of a land plot established in the appropriate rural council – aiyl okmotu – when the agrarian land reform is put in place.
- Article 29 clarified that the provision is geared to prevent inordinate division of land and is not discriminatory (8).
- Pasture land shall be exclusively public property.
- Private agricultural land can be expropriated for public need through purchase at the market price (17).

Law No. 4 of 2001, on management of agricultural land, amended in 2006:
- Article 5 states that land is a national treasure of the country and the property of the people who live on its territory.
- The State and exclusively citizens of the country who permanently reside in a rural location for at least two years have the ownership right to agricultural land, according to Article 6.
- Allocation and transfer of land of agricultural purpose to ownership in the country is prohibited to: i. foreign citizens, legal entities and countries; ii. people without citizenship who reside on the territory of the country; iii. legal entities of the country and joint ventures; and iv. spouses, if one of them is a citizen of a foreign country or a person without citizenship.
- Under Article 7, actions of people who violate this Article are subject to initiation of criminal proceedings against them in accordance with current legislation. 
- The authorized agency of the Government of the Kyrgyz Republic, as provided for in Article 8, performs state registration of rights to land of agricultural purpose and the exchange, sale or purchase, mortgage and succession of land (8).

Civil Code, 1996

- Article 226: Ownership Rights on Land, Subsoil and Other Natural Resources: Ownership rights on land, subsoil and other natural resources shall be determined by the Constitution of the Kyrgyz Republic, the Land Code and other legislation.

- Article 227: Communal Ownership Right:

1. A local community can own any property necessary for performance of its functions (communal ownership).

2. Communal ownership consists of the treasury of the local community and of property attached thereto by organs of local self-government and other legal entities. Moneys from the budget of the local community and other communal property not attached to legal entities of the local community constitute the treasury of the local community.

3. Disposal and management of communal property is performed by an organ of self-government, which has the rights of a legal entity.

4. Property in communal ownership is attached to communal enterprises by the right of economic management, to institutions, by the right of operative management (Articles 230 and 231).

Medidas políticas/mecanismos institucionales que refuerzan o limitan el derecho de la mujer a la tierra

- The National Plan of Action for Achieving Gender Equality for the Period 2002−2006 [Ad1] has the main priority to incorporate gender perspectives into state administration policy. Among other things, it aims to encourage the economic independence of women and to facilitate access to market-economy information and to credit, with an eye to preventing the growth of poverty among women (8).

- Since agrarian and land reform began, the Centre for Agrarian Land Reform in the Ministry of Agriculture, Water Resources and Processing Industry has engaged in raising public awareness of national law. To accomplish that, its specialists prepared and published informational materials on 25 topics covering land and agrarian reform, as well as books and brochures. From 2002−2005, a total of 832 training seminars on legal aspects of agrarian land reform were organized for rural residents, including women. The seminars were attended by 39 891 people. Information was also broadcast on radio and television and appeared in republic and trade newspapers (8).

- The National Council supports non-governmental organizations (NGOs) with its initiative to develop projects for the Concept for State Support of NGOs and the Programme of State Support of NGOs for 2007−2010. The Concept provides for the following:
> Co-financing of the programmes of socially-oriented NGOs through the state social mandate;
> Creation of councils for the interaction of state bodies and public associations;
> The joint conduct of conferences, roundtables, seminars and training sessions on socially significant problems. With National Council support, women’s NGOs have taken part in international forums and congresses. State bodies have begun to collaborate more actively with NGOs and public associations in developing draft laws and state programmes. Ministries and local regional administrative bodies are holding tentative open competitions for the performance of socially significant projects by NGOs (8).

Act of the Kyrgyz Republic on the Basic Elements of State Guarantees Ensuring Gender Equality, 2003:

- Section 2. Purposes and objectives of this Act

The purposes and objectives of this Act are to ensure that persons of both sexes enjoy

- equal rights, obligations and responsibilities;

- equal opportunities;

- equal partnership in all areas of activity;

- equality in family relationships;

- equality in social, economic, professional and other activity.

- Section 6. Prohibition of gender discrimination

Overt and hidden gender discrimination in any area of activity against persons of both sexes are prohibited.Subjects of gender equality which perpetrate overt or hidden discrimination shall be held liable in accordance with the legislation of the Kyrgyz Republic.

The following shall not be deemed to be gender discrimination: […] the adoption of special provisional measures based on this Act, with the aim of achieving effective equity in gender relations.

- Section 8. Obstacles to achieving gender equality

Behaviour based on the rules of customary law, traditions and culture which runs counter to the requirements laid down in this Act shall be deemed to be obstacles to achieving gender equality.

Rules of customary law, traditions and culture which contain elements of gender discrimination shall not be supported.

- Section 11. Equal access to all forms of property

The State guarantees the exercise of the right to property ownership to persons of both sexes.

The State guarantees equal conditions of access to all forms of property ownership to persons of both sexes.

- Section 14. Equal access to use of land

The State shall ensure that persons of both sexes enjoy equal conditions of access to use of a plot of land whether allotted or granted for an unspecified time or for temporary use. The right to land shall be protected equally for persons of both sexes.

- Section 19. Equality in household work

The principle of gender equality at work also extends to household work. Persons of both sexes have equal obligations in regard to household work. Household work cannot be used as a means of gender discrimination and may be carried out to the same extent by persons of both sexes.

- Section 23. Competence of the Jogorku Kenesh of the Kyrgyz Republic to ensure gender equality

Through the adoption of laws, the Jogorku Kenesh of the Kyrgyz Republic shall lay down the legal basis for the state policy on gender equality in every area of state and social life.

The Jogorku Kenesh of the Kyrgyz Republic, within its area of competence, shall appoint no more than 70 per cent of persons of one sex, taking the principle of representativity into account:

- as judges of the Constitutional Court of the Kyrgyz Republic;

- as judges of the Supreme Court of the Kyrgyz Republic;

- as members of the Central Commission on Elections and Referendums of the Kyrgyz Republic and auditors of the National Audit Office of the Kyrgyz Republic. […]

- Section 25. Competence of the National Council on Women, the Family and Gender

Development of the President of the Kyrgyz Republic

The National Council on Women, the Family and Gender Development of the

President of the Kyrgyz Republic shall, within the powers vested in it, ensure compliance with this Act.

The National Council on Women, the Family and Gender Development of the President of the Kyrgyz Republic shall publish annual reports on compliance with this Act:

- Section 26. Activities of the local self-government bodies to ensure gender equality

The local self-government bodies shall take measures to develop and achieve gender equality, and coordinate their activities with those of the executive bodies of state authority in regard to support for the relevant state, regional and local programmes.

- Section 29: Gender evaluation of legislation and other regulatory enactments of the Kyrgyz Republic

A gender evaluation shall be carried out to examine and identify infringements of gender equality in the legislation and other regulatory enactments of the Kyrgyz Republic, as well as state, regional and local programmes on gender equality issues.

The gender evaluation shall be carried out by state bodies, independent social organizations and other non-governmental associations.

- Section 30. Gender statistics

The collection of information on gender statistics in the Kyrgyz Republic shall be directed by the National Statistical Committee of the Kyrgyz Republic. State bodies, local self-government bodies and directors of enterprises, establishments and organizations are obliged to provide the National Statistical Committee of the Kyrgyz Republic with relevant information on gender issues.

- Section 31. Consequences of non-compliance with this Act

In the event of violation of gender equality, the bodies responsible for supervising compliance with this Act shall have the right to:

- Issue to state bodies, local self-government bodies and directors of enterprises, establishments and organizations written orders to eliminate the violations of gender equality, indicating a time limit;

- avail themselves of the possibilities offered by the legislation of the Kyrgyz Republic to ensure gender equity;

- Publish in the media the names of enterprises, establishments or organizations in lists of entities that violate this Act.

Fuentes: los números entre paréntesis (*) se refieren a las fuentes que están en la sección de Bibliografía