CMNT_TITLE

Forced Labour Convention, 1930 (No. 29) - Kyrgyzstan (RATIFICATION: 1992)
Protocol of 2014 to the Forced Labour Convention, 1930 - Kyrgyzstan (RATIFICATION: 2020)

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous comments.

Repetition

Articles 1(1) and 2(1) of the Convention. Trafficking in persons. The Committee notes the information from ILO–IPEC that the Ministry of Foreign Affairs is developing a National Action Plan against Human Trafficking for 2012 15. The Committee also notes the implementation in Kyrgyzstan of the Joint Programme to Combat Human Trafficking in Central Asia by the ILO, the UNDP and the UNODC under the United Nations Global Initiative to Fight Human Trafficking. The Committee further notes the information from the report of the UN Special Rapporteur on violence against women, its causes and consequences, of 28 May 2010, that trafficking of women and children for sexual exploitation and forced labour continues to be a problem in the country (A/HRC/14/22/Add.2, paragraph 33). The Committee requests the Government to strengthen its efforts, including within the frame of the National Action Plan against Human Trafficking, to prevent, suppress and combat human trafficking. It requests the Government to provide information on the concrete measures taken in this regard, in its next report.

Freedom of career military personnel to leave their service. The Committee previously noted that under section 18 of the Act on the status of military personnel and section 64 of the Act on the general military duties of citizens, military officers can leave the service at their own request for family reasons or other important reasons, after they have completed ten years of service. The Committee recalled that career members of the armed forces cannot be denied the right to leave the service in peacetime, either at certain reasonable intervals or by means of notice of reasonable length, and requested the Government to indicate the measures taken in this regard.

The Committee notes the Government’s statement that the Act on the general military duties of citizens was repealed by the Law on the general military service obligation of citizens, and on military and alternative service, of 9 February 2009. In this regard, the Committee notes that section 31 of this 2009 Law provides the terms under which a person may leave the military service, including upon the expiration of their military service contract. Section 26 of the Law specifies that a contract for military service is initially three years, and may be renewed every three years up to the age limit for military service. Finally, the Committee notes that section 31(3) states that military personnel performing services under contract have the right to early discharge in several situations, such as various family reasons and medical reasons.

Alternative service. The Committee notes that a new Constitution was promulgated on 27 June 2010. Article 23(3) of the Constitution states that forced labour is prohibited, but that enlistment to military or alternative (civilian) services shall not be considered forced labour. The Committee observes that this exception is wider than those contained in the Convention, as Article 2(2)(a) of the Convention only excludes, from the prohibition of forced labour, service exacted by virtue of compulsory military service laws if such service is of a purely military character. While conscription into the military for work of a purely military nature is in conformity with the Convention, mandatory service in alternative (civilian) services is not permitted under the Convention. The Committee therefore requests the Government to take the necessary measures to amend article 23(3) of the Constitution to bring the definition of forced labour in this article into conformity with the Convention, by only allowing an exception for compulsory military service of a purely military character.

Article 2(2)(c). Prison labour. The Committee previously noted that, pursuant to section 56 of the Correctional Labour Code, all convicts must work, and such work shall be performed, as a general rule, at enterprises belonging to the executive penal system, but in some cases at enterprises of other ministries and departments. It requested the rules governing the work of prisoners.

The Committee notes the Government’s statement that the Correctional Labour Code is no longer in effect, pursuant to Law No. 143 of 13 December 1999. The Government states that the use of the labour of convicted persons is governed by the Code of Criminal Procedure, and the Internal Rules for Prisons, approved by Order No. 604 of 23 September 2011. The Committee notes that section 28 of the Internal Rules for Prisons states that prisoners can only perform work inside the prison. Section 26 also provides that prisoners may apply to perform specific types of work relating to the maintenance and operation of the prison, and that, if selected for such work, they must provide their consent in writing. Section 27 of the Internal Rules for Prisons relates to work performed in penal settlements, whereby work may be performed for other institutions, organizations and ministries within the local region. Section 27(3) indicates that specific regulations concerning the execution of work by prisoners in penal settlements shall be issued by government decree. The Committee requests the Government to provide information concerning the types of institutions and organizations that prisoners in penal settlements may work for, pursuant to section 27 of the Internal Rules for Prisons. It also requests the Government to provide a copy of any regulation adopted pursuant to section 27(3) with its next report.

Article 2(2)(d). Legislation concerning cases of emergency. Following its previous comments, the Committee notes that article 23(3) of the Constitution (promulgated in 2010) states that forced labour is prohibited except for cases of war, natural disasters and other emergencies. Article 15 states that a state of emergency or martial law in the Kyrgyz Republic may be imposed only in the cases and following the procedures established by the Constitution and constitutional laws. In this regard, the Committee notes that article 64(9)(2) of the Constitution specifies that the President shall give a warning, on grounds specified by constitutional law, of the possibility of introducing a state of emergency and, where necessary, shall introduce a state of emergency in individual localities without prior declaration, providing prompt notification to the Parliament. Article 74(5)(1) specifies that Parliament may declare an emergency in cases and in accordance with procedure envisaged in the constitutional laws and may approve or repeal presidential decrees on this matter.

With reference to paragraph 280 of its General Survey of 2012 on the fundamental Conventions concerning rights at work, the Committee recalls that recourse to compulsory labour under emergency powers should apply only in restricted circumstances where a calamity or threatened calamity occurs, and the legislation governing that issue should clearly set forth that the power to exact compulsory labour is limited in extent and duration to what is strictly required to cope with the said circumstances. The Committee requests the Government to indicate whether any special legislation concerning cases of emergency has been adopted or is to be adopted under these provisions. It also requests the Government to provide information in its next report on whether any guarantees are provided to ensure that the power to call up labour in cases of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in cases of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

Article 25. Penal sanctions for the exaction of forced or compulsory labour. Trafficking in persons. The Committee previously noted the adoption of Act No. 55 of 17 March 2005 on preventing and combating trafficking in human beings. It requested information on its application in practice, as well as on section 124 of the Penal Code (on trafficking in persons).

The Committee notes the information in the Government’s report that, according to the Ministry of Internal Affairs, nine offences were recorded under section 124 of the Penal Code in 2011. The Committee requests the Government to continue to provide information on the application in practice of section 124 of the Penal Code, as well as Act No. 55 of 2005, particularly the number of offences, investigations and prosecutions. In addition, recalling that Article 25 of the Convention provides that the illegal exaction of forced or compulsory labour shall be punishable by penalties that are really adequate and strictly enforced, the Committee requests the Government to provide information on the specific penalties imposed on persons convicted under these legislative provisions. In this regard, the Committee requests the Government to provide information on the measures taken to strengthen the capacity of law enforcement bodies, including through the provision of relevant training.

Penal Code. The Committee previously requested information on the application of section 125 (on illegal deprivation of a person’s freedom) and section 143 (on gross violation of the labour legislation) of the Penal Code. The Committee notes the Government’s statement that, according to the Ministry of Internal Affairs, 24 offences were recorded under section 125 of the Penal Code, and three offences were recorded under section 143. The Committee requests the Government to indicate if these offences related to the illegal exaction of forced or compulsory labour and, if so, to provide information on the number of prosecutions, convictions and specific penalties applied in this regard.