Abstract

Alyp qashu or bride kidnapping is a cultural practice that persists in Central Asia despite being recognized as illegal. With a strong recognition of bride abduction as a global human rights violation, Kazakhstan shall implement the requirements of the CEDAW treaty. This convention is an international treaty that holds an important function in bringing females into the focus of human rights concerns. An output stresses the need for changing social attitudes and educational campaigns to fight the internalization of bride abduction in Kazakhstan. It examines the contribution of a country towards the protection of women’s rights as per global standards.

Alyp qashu—abducting women for the purpose of marriage or bride kidnapping—is a commonly accepted practice in the Central Asian region. Embedded in historical and cultural norms, this practice is found more in the rural regions, where gender roles are more exaggerated. Alyp qashu has both consensual and non-consensual forms. In the case of non-consensual bride kidnapping, a woman is physically kidnapped by a man she hardly knows or by a man she is clearly not interested in. The reasons for kidnapping and the degree of female consent vary widely from case to case, both historically and currently. Traditionally, bride abduction has been viewed as some kind of cultural pre-Soviet tradition for obtaining a wife. With the renewal of the “Kazakh” identity, this practice is viewed as a return to “Kazakh” roots of marriage (Conway.240, 2018). In the past, brides were usually abducted when the father of the girl did not approve of the marriage or the family of the boy was too disadvantaged to provide the bridewealth. Nowadays, it is more typical for a bride to be abducted in order to accelerate the wedding process and lower the expenses. However, forms of violent and non-consensual kidnapping still remain popular in certain regions where patriarchal norms prevail. 

Bride kidnapping, like any other type of forced marriage, violates human rights and denies women other basic rights, such as freedom of movement, education, employment, and freedom from forced or compulsory labor, as well as the right to personal liberty (Thomas, 2009). There are numerous accounts of the abductor raping the kidnapped woman to finalize the marriage and forcing her to stay through emotional or psychological manipulation, even if some abductions are planned and voluntary. The woman has no choice but to stay in the marriage because of the social stigma and customs (Koishigulova et al., 2013). Even if women manage to get out of the marriage, they experience shame and exclusion from society. 

There continues to be insufficient legal protection in Kazakhstan against these kinds of crimes. Article 125-1, “Abduction of a person for the purpose of marriage,” was added to the Criminal Code of the Republic of Kazakhstan in 2023, marking a significant advancement for women’s rights in the nation (Mekhdi, 2023). It was difficult to calculate the precise number of bride kidnappings compared to abductions for other reasons because, until this, bride kidnapping was only covered by Article 125, “Abduction.” The immunity from criminal prosecution for kidnappers in cases where the victim is released (even voluntarily) was another drawback of bride kidnapping under Article 125. Legal loopholes allow many offenders to avoid punishment even though the Criminal Code contains rules pertaining to kidnapping. For example, if the kidnapper voluntarily releases the victim, the case might be abandoned, and the kidnapper is released from responsibility (Mekhdi, 2023). This implies that laws need to be modified, and accountability standards reinforced to discourage such crimes.

The United Nations General Assembly adopted the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) on December 18, 1979. After being ratified by the twentieth nation, it became an international treaty on September 3, 1981. Nearly 100 countries have consented to be obliged by the Convention’s terms by its tenth year of existence in 1989 (Office of the United Nations High Commissioner for Human Rights, n.d.). The Convention plays a significant role in focusing human rights concerns on the female half of humanity within international human rights accords. The Convention’s spirit stems from the United Nations’ objectives, which include reaffirming belief in fundamental human rights, human worth and dignity, and the equality of men and women (United Nations, 2000).

The Republic of Kazakhstan, on July 29, 1998, embraced the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW: country reports, n.d.). By ratifying CEDAW, Kazakhstan is bound to ensure effective legal measures against gender-based discrimination and provision of rights, including censure on all practices infringing on women’s rights—which includes alyp qashu. In Kazakhstan, kidnapping is recognized as a criminal act by the law, however, the effectiveness of these responsibilities is weakened by non-compliance and abuse of the law, such as provisions allowing the offender to escape prosecution if the hostages are released. It is possible to address this incompleteness in the framework of CEDAW by introducing more stringent legislative and law enforcement measures aimed at the protection of women’s legal interests.

According to Part I, Article 5 of CEDAW, all state parties must proceed with legal or administrative measures that modify social and cultural norms of behavior to eliminate practices, customs, and beliefs that are built on the superiority of one sex (Office of the United Nations High Commissioner for Human Rights, n.d.). The persistence of alyp qashu, especially in rural regions, emphasizes the gender-oriented pressures that CEDAW aims to counter. In this vein, awareness-raising and education focusing on women’s rights and gender equity may be useful in challenging the legitimacy of bride kidnapping.

Despite being commonly perceived as a traditional marriage, alyp qashu goes against the provisions of Article 6 which prohibits exploitative practices. Bride kidnapping can be considered a form of exploitation or trafficking when it serves as an oppressive control over women. Because of the issues that women face, Kazakhstan should develop additional support services for victims, such as safer accommodation options for women attempting to escape from forced marriages, legal services, and counseling. In addition, the practice of alyp qashu is in violation of the CEDAW agreement’s Part IV, Article 16, which highlights that women should have the “same right freely to choose a spouse and to enter into marriage only with their free and full consent” (Office of the United Nations High Commissioner for Human Rights, n.d.). In order to comply with CEDAW, Kazakhstan has to guarantee marital freedom and shield women who refuse forced marriages from discrimination and legal action.

In Kazakhstan, alyp qashu is still a major societal problem since it stems from ancient cultural customs that invade women’s rights and diminish their independence. The continued practice of bride kidnapping, even though it is officially prohibited, exposes the gaps in legal protection and popular perceptions of women’s rights. Kazakhstan’s responsibilities under CEDAW need extensive reforms, including social, legal, and educational initiatives, to end these harmful practices.

Closing current legislative gaps, strengthening enforcement strategies, and guaranteeing that women can access justice without worrying about societal stigmatization are all part of this. It is also critical to confront the underlying, engraved patriarchal practices that still support alyp qashu in modern Kazakhstan. Addressing these concerns will be a clear indicator of the country’s commitment to upholding CEDAW principles and empowering women. Kazakhstan can move closer to social change and meet its international human rights commitments by creating a culture that values and protects women’s freedom of choice.