Lessons learned during the Country Analytical Report preparation Transmonee, 2-4 Ocotber 2018 Astana

Introduction Kazakhstan has ratified the most important international instruments on child rights and child protection In 2008 “The Concept of Juvenile Justice System Development in the Republic of Kazakhstan for 2009-2011” was adopted Courts on issues of minors established to ensure child-friendly approach Today there are 19 specialized courts with special jurisdiction in civil, administrative and criminal cases in Kazakhstan. Since July 1, 2014 psychologists have been involved in the work of juvenile courts, special child-friendly rooms were provided

Objectives of the Country Analytical Report Study what data are collected on various aspects of children’s access to justice Clarify the roles of various ministries and agencies in collection and management of data Clarify the terminology and definitions currently used Improve the quality and management of data on children’s access to justice

CAR: Children’s Access to Justice Kazakhstan’s CAR is prepared with support of the Working Group (Committee of Legal Statistics and Special Records (CLSSR), Supreme court, Ministry of Interior, National Human Rights Institution) and international expert CAR comprised of 2 parts: management of data on A2J; and data on 12 out of 15 quantitive indicators

CAR: availability of data Data of law enforcement agencies available on website of the CLSSR www.qamqor.kz Data on judicial aspects are stored in Supreme court webpage www.sup.gov.kz As part of Nation Action on 100 Concrete steps, CLSSR implemented the project “The Map of criminal offences” The project covered Astana, Almaty, all regional and rayon centers. The Map allows to assess criminology situation. From January 1, 2015 criminal offences are taken into account from the moment of incidents registration in the Unified Register of Pre-Trial Investigations.

CAR: coordination between state bodies Committee of Legal Statistics and Special Records (CLSSR) at the General Prosecutor’s Office deals with collection, consolidation and analysis of criminal-legal statistics and data on administrative offences. Data collected by CLSSR on a monthly basis submitted to the Committee on Statistics under the Ministry of National Economy CLSSR collects general statistics on criminal offences and registration of crimes, special records, analyzes statistical data on the status of crimes committed by and against children, prepares analytical reports on violence against minors.

Challenges and barriers to collect data for CAR Lack of disaggregation (by age, gender, region, etc.) Statistical data on children victims and witnesses is collected in a limited way and requires improvement in accordance with recommendations of international experts Lack of coordination among state agencies to collect data Lack of methodology how to collect data and misunderstanding of terminology, problems with translation

Lessons learnt during CAR preparation Pre-requisite for methodology and clear definitions to collect data Availability of different forms that are not unified Absence of holistic approach to collect data

Kazakhstan’s positive practice Improvement of the statistical record system is in progress Computerizing and digitalization the process of data collection is in place Institute of the Child Rights Ombudsperson is created with a mandate to review complaints related to children Mediation is endorsed to settle disputes on civil, administrative and criminal issues. Some improvements needs to be completed Created and currently function the Compensation Fund for victims of crimes

CAR: Children’s Access to Justice INDICATORS Number of cases filed with any court during the year, in which a child or a representative of a child or children sought a remedy for violation(s) of the rights of the child Important indicator, critical for being included into revised TransMonEE For the time being there is no algorithm to collect data on the number of children who sought the remedy Data provided by country in CAR contains the number of family law cases Disaggregation by age, gender in all civil, criminal and administrative cases

CAR Children’s Access to Justice: INDICATORS Indicator 2 – Number of court cases decided during the last year in which a child obtained a remedy for a violation of his or her rights. It is difficult to collect this indicator, the methodology is needed To give a clear definition of “remedies for children” There is no reporting format that could collect this indicator It is necessary to determine from what form the data on indicator 2 are obtained

CAR Children’s Access to Justice: INDICATORS Indicator 5: Number of cases of physical, sexual or other violence against children reported to or registered by the child welfare authorities, health or other authorities during the year. No integrated services are provided to the victims of violence and child victims Standard for the provision of special social services to victims of domestic violence has been established To prescribe the ToR (algorithm) for this indicator and for all indicators, department, report, section, graph, etc.) Improvement of the Regulatory Act in the sphere of children’s rights protection Clarify terms: there are difficulties when translating the term “cases” – «дела» or «случаи». «Дела» – it is an officially filed case (criminal or administrative) – law enforcement bodies

CAR Children’s Access to Justice: INDICATORS Indicator 6 – Number of cases of crimes against children registered by the police during the year. Needs to be further disaggregated This indicator is present in Transmonee on the number of crimes registered by law-enforcement agencies Indicator shows that the number of children victims of crimes is decreasing Inter-agency protocol to register and refer crimes is being discussed

CAR Children’s Access to Justice: INDICATORS Indicator 9: Number of child victims of violence provided with medical, psychological, social or other assistance in recovery during the year. Kazakhstan couldn’t collect data under this indicator, but considers it as important Only children at the Adaptation Center for Minors are registered It is necessary to take into account children who are provided with services within the NGO, who are in shelters for victims of domestic violence, and who are paid through the Victims Fund Disaggregate by sex, age, type of violence and type of service provided No calculation methodology The study of international experience, the establishment of an early warning system on the facts of child abuse

CAR Children’s Access to Justice: INDICATORS Indicator 11: Number of complaints brought by children to the Ombudspersons’ office during the year Established the National Commissioner for Child Rights in 2016 (not included in CAR) Data received from the Committee on Child Protection of the MOES needs to be added into the TransMonEE Complaints from children directly are not enough. It may be necessary to collect data on complaints of children in Call Centers There should be disaggregation of complaints sent to the Human Rights Ombudsperson’s Office and the Child Rights Ombudsperson’s Office, depending on the country

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