Legal Problems of Vulnerable People in Southern Kazakhstan

1. Legal Problems of Vulnerable People in Southern Kazakhstan Results of an EBL survey and legal consultations in 2012 Presented Oct. 17, Astana, by Jeff Erlich, Eurasia Foundation

2. Background • In February 2011, EF published baseline research for EBL: “Equal before the law?” • Lack of registration – mainly residency permit (propiska), marriage registration, birth certificates and passports – was a major barrier to justice, but its extent was not clear www.equalbeforethelaw.org

3. www.equalbeforethelaw.org

4. Background • In early 2012, EF conducted a more in-depth survey focusing on lack of documents • Document problems were seen to be more widespread in Tajikistan and Kyrgyzstan & the survey focused there, but we took the opportunity to include 3 districts in Southern Kazakhstan Oblast www.equalbeforethelaw.org

5. Background • Also since late 2011, partner Sana Sezim has been conducting about 700 legal consultations a month under the EBL program, across southern Kazakhstan • Complaints are documented in Excel, allowing them to be analyzed www.equalbeforethelaw.org

6. Example of Spreadsheet (personal info deleted) www.equalbeforethelaw.org

7. Methodology • The survey was a randomized sample of rural women: • Why women? They are a target group of EBL, and can also answer questions about children, also a target group • We also wanted to look at PWDS, EBL’s 3rd target group, but decided this would be too error prone • The legal consultations, by comparison, focus on people who have problems www.equalbeforethelaw.org

8. Data Sources • SURVEY: M-Vector, supported by Caucasus Research Resource Centers, conducted survey in early 2012; 300 adult women surveyed in Sairam, Saryagash and Mahtaraal districts • (660 in Kyrgyzstan and 1,140 in Tajikistan) • CONSULTATIONS: 7,078 consultations reviewed from January to August 2012 www.equalbeforethelaw.org

9. Survey Results • A very low percentage of the population report problems with documents, within margin of error of 6.9% • The main problem appears to be residence registration www.equalbeforethelaw.org

10. Non-Weighted Survey Results • Marriage Registration • 4 of 250 lack • Housing Registration • 7 of 300 lack housing registration • Birth Certificates • 2 of 223 families with children lack birth certificates • Passports • 100% said they have passports www.equalbeforethelaw.org

11. Weighted Survey Results • All are within margin of error • 4 percent of households had at least one resident without propiska • 1.6 percent of married women lacked marriage certificates • .6 percent responded that a child in the house lacked a birth certificate • 0 percent of household members lacked passports www.equalbeforethelaw.org

12. Survey Question: What is the main purpose of propiska? www.equalbeforethelaw.org

13. Cost of Propiskaand Problems • Most respondents didn’t remember any costs associated with obtaining propiska • Main reason cited for not having propiska is objecting of family members or landlord, not official (in)action • but the number of respondents is too low for this to be a significant finding www.equalbeforethelaw.org

14. Attitudes About Marriage Registration • Do you consider religious marriage to be official marriage: • 44% yes • 54% no • Should religious marriage be accompanied by automatic registration? • 91% yes • Can a woman’s rights be violated in divorce, if she only has a religious marriage? • 53% yes • 42% no www.equalbeforethelaw.org

15. Consultations www.equalbeforethelaw.org

16. Who is receiving consultations? • Women, 86 percent, 6109 total • PWDs, 3 percent, 215 total • By Age • Just 88 youth www.equalbeforethelaw.org

17. How do clients hear about consultations? www.equalbeforethelaw.org

18. Main complaints by type www.equalbeforethelaw.org

19. Main complaints by type, notes • Often, complaints are interlinked • Divorce can be complicated by a lack of marriage certificate: is that a document problem or a family-law problem? • Clients without documents often complain that officials would not help them: is that a document problem, or an official behavior problem? • Categorizing can depend on how the lawyer enters the data • And there are errors in data entry, but with the large sample size, we believe the findings are significant www.equalbeforethelaw.org

20. Main Complaints by Demographic www.equalbeforethelaw.org

21. Family Problems by Type www.equalbeforethelaw.org

22. Family Problems by Group www.equalbeforethelaw.org

23. Document Problems, by Type www.equalbeforethelaw.org

24. Document Problems, by Target Group www.equalbeforethelaw.org

25. Details on Alimony • Most clients simply want to know how to claim child support from father (who is not always husband) • Some cases are complicated by lack of documents, but majority are the simple question of how to get alimony www.equalbeforethelaw.org

26. Details on document restoration • Youth and elderly not inordinately affected • 12% of clients are youth, & 12% of document problems are reported by youth • 3% of total clients over 60, 5% of document problems reported by people over 60 • Typical Problems • Lost or stolen documents, and client does not know how to restore • Internal and external migration and needs new documents www.equalbeforethelaw.org

27. Chain of Documents • Documents linked in a chain, and if one is missing other problems arise: • Half of survey respondents believe the main purpose of propiska is getting other documents • Agencies require other documents, mainly propiska, but sometimes people lack this document, especially vulnerable people • Examples: • 28-year-old woman lacks propiska, so can’t get ID, and so can’t get birth certificate for son • 20-year-old man can’t get ID, because father lacks documents www.equalbeforethelaw.org

28. Document burden increases vulnerability • Family, landlords & employers can withhold key documents during, or causing, crisis situations • Or, the documents are simply lost • A small problem with one registration can then snowball into larger problems • When seeking benefits, vulnerable people cannot produce documents, i.e. birth certificate • A 34-year-old single mother with four children has no permanent residence and no propiska, so can’t get assistance for children www.equalbeforethelaw.org

29. Conclusions: Family Law • Family law, often related to divorce, is the main reason women and young people in Southern Kazakhstan seek legal advice. Usually, women are seeking support not for themselves but for their children • Though “domestic,” successful resolution of family problems creates a stronger society by improving child welfare and decreasing the likelihood of violence www.equalbeforethelaw.org

30. Conclusions: Registration • Kazakhstan does not have the widespread problems with registration seen in some other countries • Sana Sezim clients often complain that government officials are not helpful; however when a lawyer intervenes, registration problems are usually quickly resolved www.equalbeforethelaw.org

31. Conclusions: Registration • Vulnerable people do experience problems that are created or worsened by registration requirements • They are more likely to experience problems caused by personal circumstances, i.e., parents without registration, abusive spouses, or simply loss of documents • They are less likely to seek or receive official government assistance www.equalbeforethelaw.org

32. Recommendation: Delink Propiska from other Registrations • Despite the August 2011 reforms, the importance of propiska continues to be experienced by citizens as having wider importance than simply registering addresses. • It is needed to obtain other documents, the right to education, a job and others. Propiska can also be used as leverage in abusive home situations. • It should therefore be delinked from other registrations, and not used to deny the right to work or education. www.equalbeforethelaw.org

33. Recommendation: Legal Advice • Many clients have simple questions, i.e., how do I register a document, where do I go for a divorce, that could be answered by para-legals or consultants other than licensed advocates. Therefore, the government should strengthen its provision of legal advice to citizens. www.equalbeforethelaw.org

34. Recommendation: Legal Advice • Clients are often more comfortable with a lawyer than with a government official. Sana Sezim also has psychologists. • As the government wants to ensure citizens are properly registered and able to take care of themselves and their children, it should fund NGOs who have gained citizens’ trust to provide legal consultations. • Lawyers make government officials’ work easier. • Other countries fund NGOs to provide consultations: Many models exist, i.e. Indonesia www.equalbeforethelaw.org

35. To find out more, visit • www.equalbeforethelaw.org , or tiny.cc/rpz • facebook.com/equalbeforethelaw • twitter.com/EqualLaw • Partners: www.equalbeforethelaw.org