Kyrgyzstan – Government Considering Legalization of Polygamy

The recent initiative by the Kyrgyz Ministry of Justice to remove
polygamy from the criminal code, and make it a matter of moral judgment,
is partly a result of poor female representation in the governing
structures. According to Minister of Justice Marat Kaiypov, allowing
polygamy could potentially reduce poverty and prostitution. Furthermore,
men sharing a household with more than one woman should not be treated as
criminals.

The issue of polygamy was already considered in the Kyrgyz parliament
in the late 1990s. It then raised widespread discussions in local mass
media outlets. Today, the chances that the parliament will legalize
polygamy are relatively high.

According to Tokon Shailiyeva, chair of the Novaya Sila political
party, the president is unlikely to sign the bill even if the parliament
approves it. Shailiyeva comments that women comprise 52 percent of the
Kyrgyz population and 80 percent of them are from rural areas.

Although not represented in the parliament, Kyrgyz women are most
active in the NGO sector. A number of female leaders speak out on a weekly
basis on political, economic, and social issues. Aziza Abdurasulova, a
civil rights activist, was the key leader of the movement against the
Heavily Indebted Countries Initiative. President of the Foundation for
Tolerance, Raya Kadyrova, was actively involved in designing
constitutional reform and pushing President Kurmanbek Bakiyev to delegate
his powers during the mass protests of November 2006. Former Foreign
Minister Roza Otunbayeva is also a known public figure and an active
opposition leader.

In the mid-1990s, the number NGOs dealing with gender issues in
Kyrgyzstan soared due to the availability of external funds for
gender-related projects. Such NGOs usually dealt with family abuses and
women’s health issues. However, they did not focus on women’s
participation in politics. A political party, “Moya Strana,” proposed to
elect 15 female representatives to the parliament to meet the present
constitutional provision that requires a 90-member parliament. The
proposal raised widespread condemnation among the Kyrgyz public.

Some Kyrgyz experts think that by bringing up this controversial issue,
Kaiypov tried to please Bakiyev, who is known to have a second informal
wife and children. Many other Kyrgyz politicians and businessmen also have
second and third wives registered by a Mosque. Most local Islamic
clergymen register religious marriages after the first wife’s consent. In
cases of divorce, however, women registered under Islamic law are not able
to legally claim property, and the religious community does not support
them either. Widespread cases of bride kidnapping are another alarming
trend in Kyrgyzstan. Although a basic legislative base prohibiting bride
kidnapping exists, acts of forceful marriages are rarely persecuted.

A religious movement, Mutakalim, actively supports Kaiypov’s initiative
and speaks out for a greater role of Islam in politics. In particular,
Mutakalim’s Chairwoman Jamal Frontbek kyzy frequently calls for the
legalization of polygamy. She also insists that women should be allowed to
wear a hijab on passport photographs. Mutakalim collected 40,000
signatures in support of this idea. According to Frontbek kyzy, hundreds
of women wearing the hijab throughout the country are not able to receive
passports because they refuse to be photographed bareheaded. In case the
government declines Mutakalim’s appeal, the movement’s supporters say they
will stage public demonstrations. Up to 30,000 women are ready to stand
for their rights, Frontbek kyzy told the 24.kg news agency on February 14.
Frontbek kyzy also thinks that holidays such as St. Valentines Day on
February 14 undermine moral values among younger generations and harm
social cohesion.

One reason why polygamy turned into a controversial issue is
Kyrgyzstan’s new constitution, adopted in December 2006, that omits the
stature on secularism. The previous constitution defined the Kyrgyz state
as secular, but the stature was neglected in the December 2006
constitution, partly because the secular nature of Kyrgyz politics was a
generally accepted fact. Former Kyrgyz president Askar Akayev occasionally
referred to “God” or “higher powers” in his public speeches and books. His
references were rather metaphorical than political, and did not raise any
controversies.

However, the lack of women representatives in the government and
parliament is still the main reason for proposals such as legitimization
of polygamy. The situation may change in the next parliamentary elections
for two reasons. First, women are already active civil society actors.
Second, according to the new constitution, 50 percent of mandates will be
distributed according to party lists. This will help female
representatives to rely on their party’s support, whereas they fare worse
in single-member constituencies that benefit business interests.

The major challenge for female representation, however, could in fact
be the generally lower financial capacity among women. In local
government, the percentage of female representative is slightly higher,
but most women candidates are wives of known political figures or
successful businessmen.

Indeed, in authoritarian countries like Belarus, Tajikistan and
Uzbekistan, women’s representation in the parliament is unlikely to
influence the political process. However, Kyrgyzstan cannot claim to have
a more open political system unless women have better chances for
political representation.