Sleta V.A.

2nd year student

Specialty:"International law"

International Relations Faculty

Al-Farabi Kazakh National University

Scientific adviser:

Candidate of Law,associate professorTussupovaA.Zh.

Political representation of women in the Republic of Kazakhstan

Ensuring equal rights and opportunities for all segments of the population to participate in the political life of the country - a prerequisite and a necessary condition for building the constitutional state. The struggle of women for their political rights, especially for active and passive suffrage (elective franchise), is one of the important problems in modern states. Another thing is that granting equal political rights, that is, the proclamation of formal equality of both sexes in matters of political decision-making, to the de facto equality of opportunities in this area is still far.

The term "discrimination" refers to infringement of the rights of the state, legal or physical persons in comparison with other individuals.Discrimination - is unjustified and unwarranted usurpation of the right to critical and contemptuous attitude to others just because they are different. In this regard, we should agree with the existing opinion that the "sharp contrast between legislative changes and effective implementation of these changes in life - this is one of the main obstacles to women's participation in public life" [1, p.56].Discrimination against women creates inefficient use of women's abilities and waste of valuable human resources. In our opinion, the minority of women in power in decision-making, reduce their ability to participate in the creation of a just social society.

As it is known, Article 7 of the Convention on the Elimination of All Forms of Discrimination Against Women (1979) obliges States Parties to take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, to ensure to women, on equal terms with men, the right:

a) to vote in all elections and public reverends and to be eligible for election to all publicly elected bodies;

b) to participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government;

c) to participate in non-governmental organizations and associations concerned with the public and political life of the country [2].

The relevance of the considered theme lies in the fact that in most countries, including the Republic of Kazakhstan, this problem is still not solved.The Platform for Action of the IV World Conference on Women (Beijing, 1995) noted that many political parties and government structures continue to impede women's participation in political life. In some countries, including those where there are political, economic and social reforms, there is a significant reduction in the number of women represented in legislative bodies.Persistent gender stereotypes and discriminatory attitudes about the roles of men and women constitute a serious obstacle to ensuring women's equal participation in decision-making processes at all levels.

It should also be noted that despite the adoption of resolution 1325 (2000) of the Security Council, women are still not represented in formal peace negotiations and peace processes, post-conflict peace building, recovery, reconstruction and reconciliation [3].

Among the factors that hinder women's effective participation in decision-making, referred to the view of low legitimacy of women in public and political posts and credibility. To them Another factor slowing down the process of effective participation of women in decision-making is limited availability of statistical information of the number of women involved in many spheres of public life and the private sector. A significant obstacle is the lack of data and information on the effectiveness and quality of the work of women in senior positions in various policy areas.

In this regard, we want to consider the political representation of women in the Republic of Kazakhstan.

Referring to the practice, it can be concluded that the different international organizations (UN, EU, ILO) consider the problem from the point of view:

a) human rights: women make up half of the population (in Kazakhstan - 51.3%) and more than a third of the workforce. According to world statistics, every sixth household isheaded by a woman. Their right to full citizenship and equality of opportunity in employment should be implemented at all levels, including at the level of decision-making;

b) social justice, equality of all before the law;

c) to accelerate the development, improve the efficiency of society.

The Constitution of the Republic of Kazakhstan 1995, paragraph 2 of Article 14 contains a provision that no one shall be subjected to any discrimination for reasons of origin, social, official or property status, sex, race, nationality, language, religion, convictions, place residence or any other circumstances. Based on the scope of Article 33 of the Constitution of the Republic of Kazakhstan, all citizens of the Republic of Kazakhstan have the right to participate in managing state affairs, the right to elect and be elected to state and local governments, as well as to participate in the national referendum, equal access to public service [4].

Gender equality is given much attention in the Concept of Legal Policy of the Republic of Kazakhstan for the period 2010 to 2020 [5]. This concept aim is to improve national legislation to ensure that Kazakhstan's legal system will be able to compete in matters of convenience and reliability with the laws protecting the rights of the developed world. The Concept underlines the growing role of the factor of gender equality in political and public life, equal rights and equal opportunities for women and men.

In his message the President N.A. Nazarbayev on the 14^th of December, 2012 "Strategy" Kazakhstan - 2050 "- a new policy ofestablished state" emphasizes the need for the implementation of gender rights and opportunities for men and women [6].

Currently, in the Republic of Kazakhstan, women are more likely to take an active part in public life and to stand as candidates for the civil service. Thus, according to the Agency of Statistics of the Republic of Kazakhstan for the period from 2009 to 2015 all the central bodies of the female population among civil servants was 54% [7; p.121-129].

In many industrialized - developed and socially oriented countries women have almost reached parity with men in matters of rights and opportunities, taking an active part in social and political life of their countries. However, the situation in the Republic of Kazakhstan for the period from 1999 to 2004isnot allowed to talk about the happy situation in this area [8].

Taking into account the importance and urgency of addressing issues of equal participation of the citizens of Kazakhstan in political, social and economic life of the country, Government Decree dated November 27, 2003 № 1190 approved the Concept of Gender Policy in the Republic of Kazakhstan (repealed 30.09.2010). This concept defines the main directions of gender policy in our country - to achieve a balanced participation of men and women in power structures, ensuring equal opportunities for women's economic independence, to create conditions for equal enjoyment of rights and responsibilities in the family, freedom from gender-based violence.

Addressing the gender issue by the Decree of the President of the Republic of Kazakhstan dated November 29, 2005 N 1677 approved the Strategy on Gender Equality in Kazakhstan for 2006-2016 [9], in which the implementation of measures aimed at ensuring gender equality in all spheres of social and political life of our republic. Began in this regard, each section of the Strategy has been included designed together with the regional office of the UN Development Fund for Women (UNIFEM) indicators on gender equality in politics, economy, education, family, health issues and the prevention of violence against women and children.

Speaking in 2009 at the V Forum of Women of Kazakhstan, took place under the sign of the tenth anniversary of the National Commission for Women Affairs, Family and Demographic Policy, N. Nazarbayev stressed that at present in our country, is"developed and began to act a whole layer of gender legislation" [10 ].

In the above Gender Equality Strategy of the Republic of Kazakhstan was given the task - to achieve 30% representation of women among the heads of state bodies. After the adoption of the above documents more than 40 women's organizations in Kazakhstan raised the issue before the Government and the President of the Republic of Kazakhstan on the introduction of women's constituencies and 30% of quota at all levels of government.

In the Republic of Kazakhstan, there was widely used the post-Soviet space "gender hierarchy" of power, where women are presented on the lower and middle levels, but virtually are absent in high positions (at the level of decision-making).

In this regard, the President instructed the Government together with the Administration of the President, the National Commission (for family and women), the leadership of the party "NurOtan" to develop a concrete action plan to 2016 to promote women to decision-making level [11]. The Plan identified 16 key actions, such as the monitoring of civil service personnel from a gender perspective, the definition of the main indicators of quantitative and qualitative composition of women working at the level of decision-making in the various fields of activity in the public and private sector, an increase women's representation Political government positions to at least 30%, and others, as well as the ways and methods of their implementation, designated responsible agencies and deadlines.

Kazakhstan is expected to change in the short term, the situation for the better,it will be a benchmark for other countries where gender issues still remain in the background.

 In 2010,at the World Economic Forum, it was noted that Kazakhstan was in the rating of gender equality ittook the 41st place among 134 countries, and therefore, Kazakhstan is among the 50 most developed nations, ahead of the 14 EU states.

According to the annual report of the Global World Economic Forum on Gender Equality, the Republic of Kazakhstan in 2013 was at the 32nd place among 146 countries of the world. Our country is higher than all the countries of Eastern Europe and the Caucasus, as well as France (45th), China (69th), Japan (105th). [12]

If we look at the statistics, we can see that from 2012 to the present time, the number of women in the Majilis of the Parliament of the Republic of Kazakhstan and the civil servants of the Majilis of Parliament of the Republic of Kazakhstan - 138 people, that is, 40.1% of deputies – 28women among them , i.e., 26.2%. In 2011, this figure was 15.9% (out of 107 deputies, the number of women was - 17). In the Senate of the Parliament of the 47 deputies, 3 - women, or 6.4% of the total. The number of women among the deputies of the 4 convocation, and was 3 of 47. The local representative bodies arealso increasing the number of women MPs. In 2015 in the maslikhats of all levels of the number of female deputies of the party members is 613 people or 18.4% of the total number of deputies (3333 people). In 2012 this figure was 18% (624 of 3304) [13].

Thus, we can assume that the presence of women in our country in representative bodies from 2012 to 2015 has increased. There is a growing number of women - leaders in the executive branch. So, 2of the 12 ministerial posts are held by women - it is the Minister of Health and Social Development of the Republic of Kazakhstan and Minister of Economic Integration.

Executive secretary of Ministers - 2. In addition, at present the number of women, deputy senior officials: Prime Minister of the Republic of Kazakhstan -1; Head of the Office of the Prime Minister of the RK-2; Ministers - 6; Prosecutor-General 1; Chairman of the National Bank of RK-1; Deputy Governor of - 9, which represents 12.2% of the total (74) Deputy Governor of. At the same time there are no women among the regional governors. There are also a large number of women - heads of State and Legal Division 1; Center for Strategic Research and Analysis 1; -department domestic policies - 1. Finally, we note that women hold the posts of State Secretary and Chairman of the National Commission for Women Affairs, Family and Demographic Policy [14].

At this point the proportion of women is 60% (as of 01.01.2013g. It was 59%)in the party "NurOtan", the party "AkZhol" - 52%.

The judicial branch is also planned positive development: for the period 2013-2014, the judges of the Supreme Court of the Republic of Kazakhstan, women accounted for 40%; among local judges women - more than half (71.1%) [15, p. 129]. In 2015, among the newly elected judges of the Supreme Court - 17 men (53%) and 15 women (47%), among the local judges women - 73% [16].

Despite the great work carried out by the Republic of Kazakhstan, most women (over 70%) still point to the lack of political and legal equality between men and women [17; c.5]. Such a trend in our opinion,isdue to the preferred orientation of women in receipt of social guarantees, not on high earnings and career growth. In this context, it becomes clear that it is the provision of social benefits in the public service contribute to the consideration of women's public sector as the most delectable version of professional activity.

A similar situation is observed in the issue of active integration of women in the political process, promoting them in the higher structures of power and control. Political behavior of Kazakh women can be evaluated on the following criteria: women's participation in organized forms of political life, that is, they belong to political parties and organizations; the formation of political attitudes and public opinion; electoral behavior. A detailed analysis of these criteria leads to the conclusion that politics is still a man's business and its appearance in the individual representatives is seen as a natural exception to the rule, but not a natural phenomenon, even in the construction of democracy [18].

At the same time, the political participation of women can be manifested through their participation in the elections, that is, in electoral behavior. In this regard, the issue becomes important electoral behavior of women, their cohesion and initiative, the ability of women to use the numerical superiority in order to make their political preferences visible and, ultimately, contribute to the advancement of women in the political arena.

We note that in all prior elections of the President of the Republic of Kazakhstan itis almost always ran only men. This suggests that our society was not yet ready to see a woman president as head of state. At the same time, extraordinary elections of the President of the Republic of Kazakhstan carried out in April 2015 presidential candidates stood for election in the Republic of Kazakhstan 6 men and the first time - a woman. Perhaps women engaged in politics, public service and in business is no real contenders for the post of President of the Republic of Kazakhstan. In our opinion, Kazakhstan women still need to have real opportunities for participation presidential elections, as candidates, as well as men, and to be able to exercise their passive right to vote on equal terms in accordance with paragraph 1 of Article 5 of the Constitution of the Republic of Kazakhstan [19].

In our view, the lack of information, lack of promotion of women's participation in politics, the low level of political and legal culture reduces the motivation of women to participate in the electoral process. Women's competition, as a sign of sex, prevents women to join forces in a single constituency. Listed means that women voters are still less stable, less united than male politicians.

Based on the foregoing, we consider it necessary to highlight the key methods for the effective participation of women in political life:

a) to promote the adoption of temporary special measures such as quotas, a temporary exemption from the election assessments, access to state media, access to public resources and sanctions against political parties that violate the law, to increase the participation of women in elected and appointed bodies, decision-makers in public institutions.

b) to work on issues of voter registration in order to create opportunities for women to exercise their democratic rights.

In our opinion it is necessary to support women's organizations of civil society to ensure the interests of women:

a) To assist in the development of collective political programs, for example through women's party or through national congresses of women. Despite any differences between women, they may have common priorities of women: those common priorities can relate to them the right to hold managerial positions or their access to quality health care and child care. For women it is important to coordinate their activities, create associations, to work together and develop a common vision in times of change.

b) to provide capacity-building and professional and methodical preparation for the development of communication skills and conducting awareness-raising work, as well as internal organizational capacity of women's groups and movements.

In order to increase the responsibility for ensuring the rights of women in public institutions, we offer:

a) to monitor the fact that during the process of revision and development of normative and legal acts were taken into account proposals of political, legal and other government institutions, concerning the participation of women and implementation of their social, political and economic rights.

b) toseek to create accountability mechanisms by which public authorities will be accountable for their implementation of national commitments to gender equality and women's rights.

We also believe that we must provide support women political leaders to increase their influence. It is important to assist the candidates and elected leaders to develop their skills and potential. This assistance includes the development of professional skills (language skills and ability to lead a parliamentary debate, skills advocacy), as well as get acquainted with information materials on gender, international commitments on gender equality and the use of different strategies. This assistance also includes the promotion of mechanisms such as women's coordinating groups in the parliaments or women's network (establishment of linkages for joint action: information exchange, direct assistance, personal and professional support, such as the Network of Women "East-West" - Network of East - West Women - electronic distribution network covering the United States, Western and Eastern Europe) in the institutions of the civil service, and creating state mechanisms that have the authority, capabilities and position in the government, in order to act as an effective advocate of policies in favor of women.

It should be emphasized that it is necessary to raise public awareness about the role of women in public life and in decision-making processes. Within the framework of relevant strategies of governments or other authorities is required, inter alia, to submit annually a publicly available information on the number of women involved in all government structures.

Summing up the results, it can be drawn the following conclusions:

1. The first step on the way to engage in active political position of women and promote increased motivation to uphold and protect the political rights should act ordering the interaction of the most active women's groups to engage other women to participate in the political process. In other words, it is necessary to influence the policy through the female electorate as the largest social basis of democratic society.

2. To promote women in the power necessary to overcome a certain mistrust of the subjective part of the population in the ability of women to participate equally with men in government. To do this themost effectively candidates should manifest itself in the propaganda work with voters to prove to the electorate of the importance of their presence in power, skillfully use election technology, build the right tactics behavior.

Given the situation, we propose the following measures to ensure the equalization of opportunities for the access of women and men in political institutions:

1) Changes and amendments to the electoral law that would encourage the expansion of women's representation in the lists of candidates of political parties and associations;

2) Amendments to the law on the civil service, which would encourage the promotion of women in the upper echelons of state power;

3) Formation of the female talent pool for the class of higher civil service positions through special training programs, acting on a permanent basis.

It should be borne in mind that as long as the bearer of political rights themselves are indifferent to the situation, the likelihood of the poor state of political rights will remain at a high level. In the future, we need to continue to implement measures aimed at eliminating the historical and social conditions and factors that do not allow women and men to "play" by the same rules. Equality - the end result, and it is achieved when legally enshrined equal rights backed up by special social programs.

REFERENCES:

1. Legal Encyclopedia / Editor B.N. Topornin. - M., 200.- 1272 p.

2. Law of the Republic of Kazakhstan dated 29.06.1998 N 248-1 «On accession of the Republic of Kazakhstan to the Convention on the Elimination of All Forms of Discrimination Against Women"(18 December 1979)

3. The conclusion of the fifty-third session of the Commission on the Status of Women, 2-13 March 2009 - Paragraph 3 (a) (ii) of the agenda

4. The Constitution of the Republic of Kazakhstan (adopted at the national referendum on 30 August 1995) (as amended as of 02.02.2011 r.) / "Kazakhstanskaya Pravda" on September 8, 1995

5. Decree of the President of the Republic of Kazakhstan dated August 24, 2009 № 858 "On the Concept of Legal Policy of the Republic of Kazakhstan for the period from 2010 to 2020" (as amended on 01.16.2014, the) / "Kazakhstanskaya Pravda" dated August 27, 2009 № 205 (25959

6. Message from the President of the Republic of Kazakhstan - Leader of the Nation NursultanNazarbayev to people of Kazakhstan. December 14, 2012 "Strategy" Kazakhstan-2050 "- new political policy established state" (Astana, December 14, 2012) - // "Kazakhstanskaya Pravda" dated December 15, 2012 №437-438 (27256 - 27257)

7. Women and men in Kazakhstan / Statistical Yearbook / in Russian / Committee on Statistics of the RK Ministry of National Economy. / Editor: A.A.Smailov -Astana, 2014 - 134 p.

8. http://www.zakon.kz/page,1,1,4478163-v-kazakhstane-prodolzhaet-ostavatsja.html - [Electronic resource]

9. Decree of the President of the Republic of Kazakhstan dated November 29, 2005 № 1677 "On approval of the Strategy of gender equality in the Republic of Kazakhstan for 2006-2016" / "Kazakhstanskaya Pravda" dated December 3, 2005 N 333-334 (24943-24944)

10. http://www.zakon.kz/4478163-v-kazakhstane-prodolzhaet-ostavatsja.html - [Electronic resource]

11. Order of the Head of the Presidential Administration of the Republic of Kazakhstan № 01-38.69 from 17.06.2011g. "On Approval of the Action Plan for the period up to 2016 to promote women to decision-making level from among the best-trained women employed in various sectors of society and the State" - [Electronic resource: http://pandia.org/text/78/163 /88559.php]

12. World Bank, World Development Report - 2012: Gender Equality and Development. Washington, 2011)

13. Women and men in Kazakhstan / Statistical Yearbook / in Russian / Committee on Statistics of the RK Ministry of National Economy. / Editor: AA Smailov -Astana, 2014 - 134 p.

14. GOVERNMENT BODIES OF KAZAKHSTAN (2015) - // Information system "Paragraph"

15. Women and men in Kazakhstan / Statistical Yearbook / in Russian / Committee on Statistics of the RK Ministry of National Economy. / Editor: AA Smailov -Astana, 2014 - 134 p.

16. http://kapital.kz/naznacheniya/46182/izbrany-sudi-verhovnogo-suda.html - [Electronic resource: Appointments. Elected Judge of the Supreme Court]

17. Vasiliev V. Following the example of the older brother of the Turkish - // NezavisimayaGazeta. - 2002. - № 156. - S.5-7.

18. Nysanbayeva A. Gender aspects of the comparative analysis of the programs of political parties of the Republic of Kazakhstan - [Electronic resource: http: // www.khassanova.kz]

19. The Constitution of the Republic of Kazakhstan (adopted at the national referendum on 30 August 1995) (as amended as of 02.02.2011 r.) / "Kazakhstanskaya Pravda" on September 8, 1995 .