The Path of "Altyn Uya"
Initially, after the closure of the "Zhibek" factory, an abandoned kindergarten remained in Osh. Seeing the need of children on the streets, Tamara Toktomametova appealed to the city hall for a space to temporarily house orphaned children.“In the difficult 90s, my mother began to care for homeless children, formalized guardianship, and asked the city hall for a space. The municipality provided her with several rooms in the kindergarten, and she renovated them to create living conditions,” shares Eldiyar Mukhanov, a lawyer and co-founder of the foundation, as well as the son of the founder.
Over time, the orphanage was officially registered under the Public Foundation for the Protection of Children and Support for Cultural, Artistic, Literary, Scientific, and Educational Figures in the Kyrgyz Republic named after Tabyldy Mukhanov, whose widow is Mrs. Toktomametova.
“Osh and FUGI divided the kindergarten building into several parts, which were transferred to the foundation, the Union of Artists, and private individuals. The construction costs for the rooms that were temporarily transferred to my mother were deducted from the total cost,” explains Mukhanov.
Currently, both the orphanage "Altyn Uya" and a private kindergarten are located in this building, with the income from the latter going towards the care of children under Toktomametova's guardianship.
“State funds are allocated for each child, but they are not enough to cover all expenses. Therefore, the income from the private kindergarten significantly helps,” says Mukhanov.
At present, "Altyn Uya" houses 12 children, seven of whom have disabilities. Some graduates have remained in the home even after reaching adulthood, as they have no other housing.
“Most of them are registered here, as it is impossible to obtain a passport without registration. And where can we send everyone now? And what will happen to the former wards? They simply have nowhere to live,” he emphasizes.
Lawsuit
The city council of Osh has filed a lawsuit demanding to invalidate the resolution of the city hall regarding the sale of the land on which "Altyn Uya" is located and to return it to municipal ownership. The justification cited is a resolution from the Jogorku Kenesh in 2022 concerning the inspection of privatized social facilities that are being used for purposes other than intended.However, the foundation assures that the orphanage operates exactly as intended - providing shelter to orphaned children.
“We have all the necessary documents: birth certificates, conclusions from guardianship authorities, inspection acts. We are on the city budget, the children receive meals, study, and the older ones are already working. How can it be claimed that the building is being used for purposes other than intended?” Mukhanov questions.
He also points out that the Osh city hall did not protect the interests of the orphanage by acknowledging the lawsuit, even though a commission created by court decision previously found no violations.
“We have appealed to the General Prosecutor's Office and the GKNB. The chairman of the council filed the lawsuit without the decision of the deputies, which is a violation of the law. It is unclear why the claims are only against us when there are private houses and multi-story buildings on the same plot that previously belonged to the factory,” he adds.
Currently, the foundation is preparing a cassation appeal to the Supreme Court. Additionally, Toktomametova has appealed to the president and the chairman of the GKNB requesting an investigation into the actions of the officials of the Osh city council.
“As a lawyer, I was confident that the case would not reach court, as the chairman of the city council had no right to file such a lawsuit. But the court accepted it. It is surprising that we lost in both the city and regional courts,” concludes Mukhanov.
