Texts of pending comments

Article 3(2) of the Convention. X-ray examination of the lungs forming mandatory part of the initial medical examination. In its previous comments, the Committee requested the Government to indicate the legislative provisions requiring an X-ray examination of the lungs during initial and periodic medical examinations of young persons under 21 years of age who are employed in underground work in mines and quarries.

The Committee notes the Government’s reply in its report that according to section 220 of the Labour Code, workers engaged in hazardous work, including underground work, shall undergo mandatory initial and periodic medical examinations. The Committee further observes that the Government’s Decree No. 225 of 16 May 2011 on the approval of regulatory instruments in the field of public health establishes a list of harmful substances and adverse production factors at work requiring initial and periodic medical examinations, including the X-ray examination of the lungs. The Committee requests the Government to indicate whether the list of harmful substances and adverse production factors at work covers all the harmful substances and adverse production factors to which workers employed in underground work in mines and quarries are exposed in practice in Kyrgyzstan.

Article 4(4). Keeping of records. The Committee previously requested the Government to indicate the legislative provisions regulating the keeping of the certificates of fitness for employment of persons under 21 years of age employed in underground work in mines and quarries.

The Committee notes the Government’s indication that workers employed in mines and quarries shall submit the certificate of fitness for employment to the personnel department of an enterprise after the medical examination. The Committee also notes the Government’s statement on keeping of registers of employees provided in its 2019 report on the application of the Minimum Age Convention, 1973 (No. 138) that “there is no such practice of keeping of registers in Kyrgyzstan at present” and that “this issue will be considered by a tripartite national commission.” The Committee requests the Government to indicate whether employers shall keep, and make available to inspectors, records containing, in respect of persons under 21 years of age who are employed or work underground, the certificates which attest fitness for employment.

The Committee recalls that it had previously noted with concern that the provisions of the draft Law on Trade Unions, developed upon the initiative of several members of Parliament, regulated in detail the internal functioning of unions by imposing excessive mandatory requirements for trade union by-laws and elections, and imposed a trade union monopoly. The Committee had noted in this respect the concerns expressed by the International Trade Union Confederation (ITUC) and the Federation of Trade Unions of Kyrgyzstan (FPK). The Committee notes the Government’s indication that in its observations on the draft, based on the comments provided by the International Labour Office, the Government concluded that the draft was not in conformity with the national Constitution, nor with international labour standards. Taking into account the position of the Government, the President of the Republic vetoed the draft law on two occasions. The Committee on Freedom of Association (CFA) examined the allegations of noncompliance of the vetoed draft Law on Trade Unions with freedom of association in Case No. 3386 (Report No. 396, November 2021) and drew the legislative aspects of this case to the attention of the Committee. The Committee notes that in December 2021, the President of the Republic vetoed the draft law for a third time. The Committee notes with interest the information, outlined by the Government in its report on the application of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), regarding the process of the labour legislation inventory undertaken by the Ministry of Labour and Social Development, as per Presidential Order No. 26 of 8 February 2021, with a view to bringing the legislation into conformity with ratified conventions. The Committee requests the Government to take the necessary measures to ensure that the FPK is included in the above-mentioned inventory process with a view to ensuring that any amendments to the Law on Trade Unions in force or any new proposed draft Law on Trade Unions are subject to full and meaningful consultations with the social partners and that any new legislative provisions affecting trade union rights are in full conformity with the Convention. The Committee requests the Government to provide information on all developments in this regard and reminds it of the possibility to continue to avail itself of ILO technical assistance.

The Committee recalls that in their September 2020 communications, the ITUC and the FPK alleged reprisals against FPK leaders and interference in FPK financial activities thereby paralyzing its work. The Committee regrets that the Government provides no information in this regard. The Committee further notes that in the above-mentioned case, the CFA examined similar allegations in the absence of the Government’s reply and urged the Government to conclude without delay any pending investigation involving the FPK and its affiliates, to return all documents concerning their internal administration and to ensure that its bank accounts can be used to conduct their legitimate trade union activities. The Committee requests the Government to provide detailed information on all allegations of interference into the FPK activities and reprisals against its leaders and activists, including actions taken by the Government in response to any such interference and reprisals.

The Committee is raising other matters in a request addressed directly to the Government.

Article 3 of the Convention. Right of workers’ organizations to organize their activities. The Committee recalls that in its previous comment it had welcomed the Government’s indication that a tripartite Working Group on the Improvement of Labour Legislation established in 2019 would examine, in 2019-2020, the issue of the quorum required for a strike ballot, considered by the Committee as too high, as well as the issue of minimum services requirement, with a view to bringing the Labour Code provisions into conformity with the Convention.

The Committee notes the Government’s indication that due to the COVID-19 pandemic situation, as well as a conflictual situation within the Federation of Trade Unions of Kyrgyzstan (FPK) between its previous and current leadership, the Tripartite Republican Commission has not met for a long period. The Government indicates, however, that the question of lowering the quorum will be discussed by the Tripartite Republican Commission and reiterates its understanding of the need to amend the Labour Code so as to ensure that the minimum service requirement is imposed only in respect of the operations which are strictly necessary to meet the basic needs of the population or to ensure that the relevant services operate safely or without interruption. The Committee expects that the Government will be in a position to report tangible progress in this regard in its next report.

The Committee recalls that it previously noted the concerns expressed by the International Trade Union Confederation (ITUC) and the Federation of Trade Unions of Kyrgyzstan (FPK) regarding the provisions of the draft Act on Trade Unions. The allegation of incompliance of the draft Act on Trade Unions with the Convention was also brought before the Committee on Freedom of Association, which referred the legislative aspects of the case in question to the Committee for follow-up (Case No. 3386 (Report No. 396, November 2021)).

The Committee notes that the President of the Republic has vetoed the draft Act on three occasions. The Committee also notes with interest the Government’s indication that, in order to give effect to Presidential Order No. 26 of 8 February 2021 to undertake a national inventory of legislation, the Ministry of Labour and Social Development is currently carrying out a general evaluation of labour legislation with a view to aligning it with the Convention. The Committee requests the Government to take the necessary measures to ensure that the FPK be included in the above inventory so that any new amendments to the Act on Trade Unions in force or any new legislative proposal is subject to full and meaningful consultations with the social partners, and that any new legislative provisions that impact trade union rights are in full conformity with the Convention.

The Committee recalls that in its previous comments it noted that, pursuant to sections 3, 5 and 10 of the Act on Collective Agreements, in collective bargaining, workers were represented by trade unions and other workers’ representatives, including enterprise councils. In this respect, it further noted that pursuant to sections 29, 31 and 38 of the Labour Code of 2004, the interests of workers, including in collective bargaining, were represented by trade unions and other elected bodies and that other representatives could be elected where no trade union represented at least 50 per cent of the workforce. It requested the Government to amend the above-mentioned provisions so as to ensure clearly that the position of a representative union, even if it does not represent 50 per cent of the workforce, is not undermined by elected representatives in the collective bargaining process. Noting the Government’s indication that this question would be examined by the Tripartite Working Group on the Improvement of Labour Legislation established by an order of the Minister of Labour and Social Development in 2019 and that the FPK drafted a law to amend the Labour Code and the Act on Collective Agreements, aiming to ensure, in particular, that collective bargaining remained a prerogative of trade unions, the Committee requested the Government to provide information on all developments in this regard.

The Committee notes that the Government reiterates the information it previously provided and indicates that the above-mentioned process to conduct an inventory of the labour legislation will also involve bringing it into conformity with the Convention. The Committee expects that the Government will be in the position to report tangible progress in this regard in its next report.

The Committee reminds the Government of the possibility of availing itself of ILO technical assistance with regard to the issues raised above.

The Committee notes the information on the number of collective agreements concluded in the country in 2020. It requests the Government to, in its next report, provide information on the number of collective agreements concluded in the private and public sectors, as well as the number of workers covered.

The Committee welcomes the Government’s response to its previous comments initially made in 2016. The Committee therefore once again requests that the Government supply copies of the legislative texts giving effect to the Convention. It also reiterates its request that the Government take measures to give full effect to Article 3 of the Convention and to indicate, for each Article of the Convention in respect of which the Government has accepted the obligations, the manner in which representative organizations of employers and workers are consulted.

Article 8 of the Convention. Statistics of the structure and distribution of the economically active population. The Committee notes that the Government continues to supply data on employment, unemployment and underemployment to the ILO Department of Statistics for dissemination through its website (ILOSTAT). The Government indicates that the annual publication of Employment and Unemployment is produced using the findings of the integrated survey of household budgets and the labour force. The latest data available in ILOSTAT is from 2018. The Committee notes with interest the Government’s indication that, in accordance with the Resolution concerning statistics of work, employment and labour underutilization (Resolution I) adopted by the 19th International Conference of Labour Statisticians (October 2013), the National Statistics Committee has added the following sections to the Employment and Unemployment survey: “Production of goods in households” (four questions); “Construction and repair of own housing and buildings” (three questions); and “Provision of services to others for pay” (four questions). The Government adds that data on the new indicators will be compiled based on the findings of the 2019 labour force survey. The Committee requests that the Government continue to supply updated data and information on the methodology used in the application of this Article of the Convention. It also invites the Government to provide updated information on any further developments in relation to the implementation of the Resolution concerning statistics of work, employment and labour underutilization (resolution I), adopted by the 19th International Conference of Labour Statisticians (October 2013).

Article 9(2). Statistics on time rates of wages and normal hours of work. The Government reiterates its indication in previous reports that wage data are published monthly in the Socio-economic situation in Kyrgyzstan and a statistical bulletin entitled Findings from annual reports on the number and wages of workers. Wage data are published annually. The Committee notes that statistics of average monthly earnings and average weekly hours actually worked are provided by the Government and published in ILOSTAT, but that statistics on wage rates and normal hours of work are not available. The Committee therefore reiterates its request that the Government indicate whether statistics on wage rates and normal hours of work continue to be produced and, if so, to communicate the published statistics without delay. It further requests the Government to continue to provide updated information in relation to the application of Article 9(2).

Article 16. Acceptance of obligations. Referring to its previous comments, the Committee once again draws the Government’s attention to the possibility of accepting the obligations under Articles 11–15, in accordance with Article 16(3). The Committee reiterates its request that the Government provide information in this regard. It further requests the Government to continue to provide information and statistics referred to under Articles 11–15 of the Convention and any relevant methodological information available.

Article 1 of the Convention. Ensuring compensation to workers who suffer personal injury due to a work accident through effective provisions . (i) Employer’s liability system. The Committee takes note of the information provided by the Government in reply to its request for clarification on the provisions of its national legislation regulating the payment of compensation and benefits to victims of industrial accidents and their dependents, and to its invitation to give a general appreciation of the manner in which the Convention is applied. The Government indicates that compensation in case of incapacity for work or death of a worker due to a work-related injury is provided by their employers, who have the obligation, under Law No.194, 2008, to insure their civil liability “for harm caused to the life and health of workers in the course of employment” with a licensed insurance company. The Committee also notes that, according to the Government, this system serves the interests of insurance companies and places a heavy financial burden on employers who still have to pay significant amounts of other benefits in case of employment injury, such as benefits for temporary incapacity for work, lump-sum payments, and additional expenses. The Government considers that this system sets the stage for disagreements between the parties and results in numerous complaints and appeals to various state bodies.

(ii) Social insurance system. The Committee further notes the indication by the Government that, although section 211 of the Labour Code and section 11 of the Act No. 167 on Occupational Safety and Health, 2003, require employers to insure their workers against industrial accidents and occupational diseases by way of mandatory social insurance, there is currently no legislation regulating this matter. The Committee also observes that, pursuant to Law No. 57 of 21 June 1997 on the State Pension Social Insurance and according to the database of the International Social Security Association (Social Security Programs Throughout the World, 2018), victims of work injury who suffer a permanent disability and their dependents, in case of death, are entitled to a pension, paid at the same rate and under the same conditions as pensions provided in case of disability and survivorship under the general pension scheme.

The Committee observes that workers’ compensation in Kyrgyzstan is provided through a combination of employers’ liability, private insurance and social insurance schemes, implemented to a varying extent. Taking note, in particular, of the information provided by the Government on the systemic issues faced by the employers’ liability system established by Law No.194, 2008, the Committee requests the Government to take the necessary measures to address the abovementioned issues with a view to ensuring the effective provision of compensation to all workers injured in the course of employment or to their dependents in case of death, in application of the Convention. As part of these measures, the Committee recommends the strengthening of enforcement and compliance mechanisms. Recalling the important role of labour inspection in this regard, the Committee requests the Government to refer to its detailed comments under the Labour Inspection Convention, 1947 (No. 81).

Furthermore, noting the absence of legislation regulating the provision of protection against work-related injury by way of social insurance, the Committee invites the Government to adopt the regulations lacking to give effect to Section 211 of the Labour Code and section 11 of the Act No. 167 on Occupational Safety and Health, 2003, and to provide information on progress made in this respect. The Committee recalls that the Government can avail itself of the technical assistance of the ILO in this regard.

The Committee also requests the Government to supply data on: (i) the number and nature of work accidents reported and the number of work accidents in respect of which compensation was paid; (ii) the total amount of compensation paid in cash and the average amount of compensation paid to victims of work accidents; and (iii) the number of complaints and appeals lodged with the competent judicial and administrative bodies on matters related to the application of the Convention.

Article 5. Compensation in case of permanent incapacity and death. The Committee observes that in accordance with section 19(5) of Law No. 194 of 5 August 2008, the amount of insurance compensation paid to victims of employment injury is determined on the basis of the loss suffered by the worker, but that it cannot be more than the amount determined in the insurance contract which employers have to conclude to insure their liability. The Committee further observes that as per the Decree No. 113 of 26 February 2010 on approval of insurance tariffs and insurance amounts (liability limits) of compulsory liability insurance, the maximum amount of the insurance compensation is limited and should not be less than one year of the worker’s salary. The Committee also observes that in accordance with sections 247 and 252 of the Labour Code, the amount of the lump-sum payment for which the employer is liable corresponds to ten times the average annual earnings of a worker with a Group I disability and, in case of death of the worker, to twenty times his/her average annual earnings. Recalling that Article 5 of the Convention requires the compensation in case of permanent injury or death to take the form of a periodical payment, and provides that this payment can be converted into a lump sum if the competent authority is satisfied that it will be properly utilized, the Committee requests the Government to indicate how it is ensured, in law and in practice, that the compensation paid by insurance companies and the lump-sum payments made by employers are properly utilized by recipients. The Committee also requests the Government to indicate whether workers who suffer a permanent incapacity and the dependents of workers who have died due to a work-related injury are also entitled to an invalidity or survivors’ pension under the general public pension scheme established by Law No. 57 of 21 June 1997.

Article 9. Entitlement to medical, surgical and pharmaceutical aid free of charge. The Committee observes that, in accordance with the Program of State Guarantees for Providing Citizens with Health Care approved by the Government Decree of November 20, 2015, No. 790, all persons suffering work-related disabilities belonging to groups 1 and 2 are entitled to inpatient and outpatient medical aid free of charge (paragraph17 of section I of Annex I). The Committee requests the Government to indicate whether all victims of work-related injury are entitled to medical, surgical and pharmaceutical aid free of charge, when such aid is recognized to be necessary, regardless of the nature of the injury they have suffered.

Article 11. Insolvency of insurance companies. The Committee takes note of the Government’s indication that the Law No. 194, 2008, does not provide for the compensation of workers who suffered an employment injury in case of liquidation or bankruptcy of insurance companies. Recalling that Article 11 of the Convention requires the payment of compensation be provided to workers or their dependents due to an industrial accident in the event of the insolvency of the employer or insurer, the Committee requests the Government to provide information on any other measure ensuring that victims of employment injury are effectively compensated for their loss despite the liquidation or bankruptcy of the insurance companies through which such compensation would have otherwise been provided.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM Tripartite Working Group), the Governing Body has decided that Member States for which Convention No. 17 is in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102), accepting its Part VI (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect the more modern approach to employment injury benefits. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying Conventions Nos 121 or 102 (Part VI) as the most up-to-date instruments in this subject area.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legal and institutional framework, and law enforcement. The Committee previously noted that a National Action Plan to combat trafficking in persons for 2017–2020 had been drawn up and submitted to the Government for approval. The Committee also noted the Government’s indication that more than 1.1 million Kyrgyz nationals who were residing in foreign countries as labour migrants were potential victims of trafficking. In this regard, the Government had developed strong cooperation with the Commonwealth of Independent States (CIS), including the implementation of comprehensive joint, coordinated, inter-agency preventive and investigative measures and special operations to combat trafficking in persons. The Committee further noted that a number of resource books on trafficking in persons had been prepared for law enforcement agencies and distributed to the territorial subdivisions.

The Committee notes the Government’s indication in its report that the Ministry of Internal Affairs continually works to strengthen cooperation with the law enforcement agencies of foreign states to ensure identification and suppression of channels for trafficking in persons and to exchange information. The Committee notes training on combating trafficking in persons provided for law enforcement and customs officers, issuing of manuals for healthcare and educational professionals, and awareness-raising activities pursuant to the National Action Plan to combat trafficking in persons for 2017–2020. The Committee also notes the establishment of the coordination councils for preventing and combating trafficking in persons in all regions of Kyrgyzstan. The Government further indicates that in 2018, under section 124 criminalizing trafficking in persons of the Penal Code of 1997 17 cases were recorded, nine of which were prosecuted, whereas there were four cases of prosecution in 2017 and eight cases of prosecution in 2016. The Committee further notes that the new Penal Code entered into force on 1 January 2019 and that section 171 prohibits trafficking in persons. The Committee requests the Government to continue to take the necessary measures to prevent, repress and combat trafficking in persons. It also requests the Government to supply statistical data on the application of section 171 of the Penal Code of 2019 in practice, including the number of infringements reported, investigations, prosecutions, convictions and penal sanctions.

2. Protection of victims. The Committee previously noted the Government’s indication that the Ministry of Internal Affairs had drawn up a draft list of criteria for identifying victims of trafficking with a view to introducing clearer official criteria for use in their formal classification. The Government also stated that the criminal investigation directorate of the Ministry of Internal Affairs had started to develop guidance on a national referral scheme for victims of trafficking. Informational and educational work had been conducted to assist victims of trafficking, in cooperation with international and non-governmental organizations, including the setup of a free telephone hotline. The Committee also noted that the Ministry of Internal Affairs, in cooperation with the International Organization for Migration (IOM) in Bishkek and a partner network of non-governmental organizations, had provided assistance to victims of trafficking, including medical, legal, psychological and reintegration support.

The Committee observes that pursuant to the National Action Plan to combat trafficking in persons for 2017–2020, the Government adopted Decree No. 493 of 19 September 2019 on a national referral mechanism for victims of trafficking. In particular, the national referral mechanism has established the criteria for the identification of victims as well as the instructions on social rehabilitation provided to victims of trafficking in persons (the instructions). The Committee notes that according to the instructions, a competent authority prepares an individual programme for a victim, which determines, inter alia, the types of assistance to be provided. Such assistance can include legal, medical and psychological services, provision of a shelter, vocational training, and support in employment. The Committee further observes the adoption of the regulations on the organization of shelters and the procedure for their operation, management, financing and monitoring for victims of trafficking in persons (Government Decree No. 101 of 5 March 2019). The regulations provide for the establishment of shelters, conditions for stay, and types of assistance to victims of trafficking. The Committee requests the Government to continue its efforts with regard to the identification of victims of trafficking in persons for purposes of both sexual and labour exploitation, and to ensure that appropriate protection and assistance is provided to such victims. It further requests the Government to supply information on the measures taken and results achieved in this regard, including the number of victims who have been identified and have benefited from such protection.

Article 2(2)(a). Compulsory military service. Alternative service. The Committee previously noted that according to the Act on universal compulsory national service for Kyrgyz citizens: military and alternative service of 9 February, 2009 (the Act of 2009), alternative service may be performed by citizens of Kyrgyzstan instead of military service on grounds of their religious beliefs or family status. The Committee underlined that, under Article 2(2)(a) of the Convention, compulsory military service is excluded from the application of the Convention only where conscripts are assigned to work of a purely military character. There are, however, specific circumstances in which a non-military activity performed within the framework of compulsory military service or as an alternative to such service remain outside the scope of the Convention. In this regard, in the 2012 General Survey on the fundamental Conventions, paragraph 275, the Committee recalled that, the exemption of conscientious objectors from compulsory military service, coupled with an obligation to perform an alternative service, is a privilege granted to individuals on request, in acknowledgement of freedom of conscience. In examining whether it is a privilege granted to individuals on their request or whether, on the contrary, national service is being used as a means of pursuing economic and social development through the use of compulsory labour, due account should be taken of the number of persons concerned and the conditions in which they make their choice.

The Committee notes the Government’s indication that section 32 of the Act of 2009 sets out a limited list of the grounds for performance of alternative service instead of military service. In particular, such grounds relate to religious beliefs or family status. In addition, according to sections 16 (2) and 32 of the Act of 2009, conscripts who have not been despatched to a military unit due to meeting a conscription quota have a right to perform alternative service upon their written request. Otherwise, such conscripts will be called up for military service in the next conscription. In accordance with section 1 of the Act of 2009, a conscript performs socially useful work considered as an alternative service in his free time from work or study. The types of socially useful work performed by conscripts are determined by the executive bodies of local self-government in agreement with the local military administration. The number of hours for the performance of social useful work is 108, whereas the duration of the alternative service is 18 months (section 32(2)(4) of the Act of 2009). The Committee requests the Government to provide information on the number of persons involved in alternative service, as compared to the number of those performing their mandatory military service.

Article 2(2)(c). Prison labour. The Committee previously noted that according to section 27 of the Internal Rules for Prisons, approved by Order No. 604 of 23 September 2011, prisoners may be assigned to work outside the settlement grounds, but within its general vicinity. The Committee also noted that the provisions governing the relationship between the prison administration, prisoner and employer with regard to the employment of prisoners serving sentences in prison settlements are set out in the Instructions on the procedure and conditions for serving sentences in prison settlements within the Kyrgyz penitentiary system, approved by Government Decree No. 154 of 27 March 2013. The Committee recalled that Article 2(2)(c) of the Convention strictly prohibits prisoners from being hired to, or placed at, the disposal of private enterprises. The work of prisoners for private companies is only compatible with the Convention where the necessary safeguards exist to ensure that the prisoners concerned offer themselves voluntarily, without being subjected to pressure or to the menace of any penalty, by giving their formal, free and informed consent to work for private enterprises.

The Committee observes that the Criminal Executive Code of 2019 and the Rules of the internal order of correctional institutions of the penal system of the Kyrgyz Republic, approved by Government Decree No. 379 of 22 August 2018, govern the use of the labour of convicted persons in correctional institutions. The Committee notes the Government’s information that according to section 103 of the Criminal Executive Code, all convicted persons are obliged to work in the locations and jobs determined by the prison administration. In particular, convicted persons perform work at enterprises of correctional institutions, state organizations, and organizations of other forms of ownership located inside or outside correctional institutions. The Committee observes that as per section 183 of the Rules, convicted persons perform paid work under an employment contract. In addition, the written consent of a convicted person is required to do maintenance work in correctional institutions (section 186 of the Rules). With respect to prison settlements, the Committee notes that according to section 58 of the Instructions on the procedure and conditions for serving sentences in prison settlements within the Kyrgyz penitentiary system of 2013, a convicted person can be hired by a private entity only upon his/her written consent. The Committee observes that apart from prison settlements, convicted persons may also perform compulsory work in other correctional institutions, particularly corrective settlements and prisons (section 73 of the Criminal Executive Code). The Committee requests the Government to indicate whether convicted persons who work inside or outside corrective settlements and prisons for a private entity do so with their formal, free and informed consent.

Article 2(2)(d). Legislation concerning cases of emergency. In its previous comments, the Committee noted that article 23(3) of the Constitution of 2010 provides that forced labour is prohibited except for cases of war, natural disasters and other emergencies. Article 15 provides 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 noted 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 the procedure envisaged in the constitutional laws and may approve or repeal presidential decrees on this matter.

The Committee notes the Government’s indication that as per section 10 of the Labour Code, forced labour is prohibited except for cases of emergencies such as the introduction of a state of emergency or martial law, a calamity or threated calamity (fire, flood, famine, earthquake, serious epidemics or epizootic outbreaks), and other situations that would endanger the existence or the normal living conditions of the whole or part of the population. The Committee observes that according to section 3 of the Constitutional Law of 24 October, 1998, No. 135 on the State of Emergency, the state of emergency is introduced in the event of a crisis situation of biological, social or natural/man-caused nature, which pose an immediate threat to the constitutional order, the vital interests of the individual or society, or the normal operation of state and local bodies. Section 7 of the Constitutional Law of 1998 sets out that the Parliament’s or the President’s Decree on the introduction of a state of emergency must indicate, among others, the exact duration of the state of emergency, as well as an exhaustive list of temporary restrictions on the rights and freedoms of citizens and additional obligations. In accordance with section 22(11) of the Constitutional Law of 1998, depending on the specific circumstances, the public authorities may call upon able-bodied citizens to work in enterprises, establishments and organizations, as well as to eliminate the consequences of emergencies. In addition, during the state of emergency, the heads of enterprises, establishments and organizations have the right, if necessary, to transfer employees without their consent to other duties, not specified in the employment contract for a period of up to one month (section 24).

Denunciation of the Convention. The Committee notes the Government’s indication that no port activities are carried out in the country, and that the possible denunciation of the Convention will be considered by the National Tripartite Commission in 2020. The Committee would like to take this opportunity to indicate that the Convention will be open to denunciation during a one-year period from 30 October 2024. The Committee requests the Government to provide information on any developments in this respect.

Articles 3, 4, 6, 7, 10 and 16 of the Convention. Effective functioning of the labour inspection system following the creation of the State Environmental and Technical Safety Inspectorate. The Committee previously noted the Regulations on the State Inspectorate for Environmental and Technical Safety adopted by Decision No. 136 of 2012 enumerate the multiple functions of the State Environmental and Technical Safety Inspectorate following the merger of several specialized inspection bodies including the former State Labour Inspectorate. The Regulations set out a significant number of functions of the State Inspectorate for Environmental and Technical Safety related to, among others, monitoring environmental standards, land legislation and construction, transportation, storage and use of fertilizers, rights related to water use and ship registration.

The Committee notes that the Government indicates in its report that under the Regulations on the State Inspectorate for Environmental and Technical Safety, the inspectorate has 13 subdivisions with different working areas, and it refers to the functions of the labour inspectorate as set out in the Labour Code. The Committee also notes the Government’s response, in reply to its previous request concerning the assignment of labour inspection functions to the supervision and control of a central authority, that the functions of control and monitoring of compliance with labour legislation are carried out by a department of occupational safety and health and labour relations, which has five staff members, including the head of the department. It further notes the Government’s response to the Committee’s request on the status of labour inspectors that labour inspectors are civil servants and that qualification requirements, such as work experience, education and skills, have been developed and approved. The Government also provides information on two instances of the training activities organized for labour inspectors in 2019. Lastly, the Committee notes the Government’s indications that since the merger of the different inspection services under the State Environmental and Technical Safety Inspectorate in 2012, a total of 7,232 labour inspection visits have been made (including 987 in 2017 and 1,086 in 2018) and 879 investigations carried out. The Committee requests the Government to provide further information on how effect is given to the Convention in the reorganized system of inspection under the State Environmental and Technical Safety Inspectorate. It requests the Government to indicate whether the inspectors in the department of occupational safety and health and labour relations perform any functions other than the primary functions set out in Article 3(1) of the Convention. It also requests the Government to provide further specific information on the assignment of supervision and control functions to a central authority for labour inspection functions (Article 4). Noting the Government’s indication that there are five inspectors in the department of occupational safety and health and labour relations, it requests the Government to take the necessary measures to ensure that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate and it requests information on the budgetary allocation for labour inspection purposes. Lastly, it requests the Government to continue to provide statistics on the number of labour inspection visits carried out by the department of occupational safety and health and labour relations and the number of workplaces and workers covered by these visits in the different sectors (Article 16), as well as the follow-up action given in relation to issues of non-compliance detected, including statistics on the number of penalties imposed for violations of labour legislation (Articles 17 and 18).

Article 5(a) and (b). Cooperation between the inspection services and other government services and public or private institutions engaged in similar activities and collaboration between officials of the labour inspectorate and employers and workers or their organizations. The Committee notes the Government’s indications, in response to its previous request, that in accordance with section 19 of the Occupational Safety and Health Act, public monitoring of compliance with the law in the field of occupational safety and health is carried out by the trade unions through appropriate technical labour inspectorates, which are empowered, inter alia, to monitor employers' compliance with occupational safety and health legislation; participate in the investigation of industrial accidents and occupational diseases; submit to the authorized State body proposals for the suspension of work in cases of threat to the life and health of employees; and submit to employers mandatory requests for the elimination of identified violations of occupational safety and health requirements. Under section 14 of the Act on Trade Unions, trade unions may monitor employers' compliance with labour legislation and demand the elimination of identified violations. In addition, employers are obliged to examine communications from trade unions on the elimination of labour law violations and to inform the trade union body, within one month, of the results of their examination and of the measures taken. It also notes the Government’s indications that in order to monitor and control compliance with labour legislation, trade unions establish legal and technical labour inspectorates that enjoy the same rights as state labour inspectorates. It further notes the Government’s reference to section 410 of the Labour Code, which prohibits hindering legal activities of workers’ representatives. It notes, in addition, the Government’s indications that 35 technical labour inspectors, organized by industry and region, are currently working for the Federation of Trade Unions of Kyrgyzstan. In this regard, the Committee notes that a long-term mutual cooperation agreement was signed in 2014 between the Federation of Trade Unions and the State Environmental and Technical Safety Inspectorate to carry out state supervision and control of compliance with labour legislation. The aim of the agreement is to establish the basis for cooperation between the parties in order to protect the labour rights of workers, prevent, identify and eliminate violations of labour legislation, increase the role of state supervision and control of compliance with labour legislation. Lastly, the Committee notes the information provided by the Government on the establishment of the Technical Labour Inspectorate Council to coordinate the activities of trade unions’ technical labour inspectorates, exchange work experiences and cooperate with employers' associations and state supervisory bodies. Noting that the Federation of Trade Unions of Kyrgyzstan has significantly more staff performing inspections than the State Environmental and Technical Safety Inspectorate, the Committee requests the Government to continue to provide information on the collaboration between these two bodies and the impact of this collaboration on enforcement. It requests the Government to provide further information on the powers and rights of the technical inspectors, and to indicate whether the limitations in Law No. 72 of 2007 (as amended) on the conduct of inspections in enterprises apply to such inspectors. The Committee further requests the Government to continue to provide information on the number of labour inspection carried out by the technical inspectors, as well as the outcome of such inspections, including any penalties imposed.

Article 14. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. The Committee notes the Government’s indications, in reply to its previous request on the manner in which the labour inspectorate is notified of industrial accidents and cases of occupational diseases, that under section 20 of the Regulations on the Recording and Investigation of Industrial Accidents, approved by Government Decision No. 64 of 2001, the employer must promptly notify serious or fatal industrial accidents to the state labour inspectorate of the province or the city of Bishkek and the regional association of trade unions, among other bodies. It also notes the Government’s indications that, in accordance with section 21 of the Regulations, the administration of health-care institutions, pathology departments and morgues must inform the relevant state labour inspectorate within 24 hours of persons received with serious or fatal injuries resulting from industrial accidents. It further notes that the Government indicates that notification of occupational diseases is carried out in accordance with sections 7 and 8 of the Procedure for the Recording and Investigation of Occupational Diseases, approved by Government Decision No. 225 of 2011. In this respect, the Committee notes that section 7 of this Government Decision provides that the health organisation is obliged to notify the State Centre for Territorial Health and Epidemiological Surveillance and the employer of the employee's occupational disease, but that the Decision does not require notification to the labour inspectorate. The Committee requests the Government to provide information on the measures taken to ensure that cases of occupational diseases are effectively notified to the labour inspectorate.

[The Government is asked to reply in full to the present comments in 2021.]

The Committee notes the observations made by the Kyrgyzstan Federation of Trade Unions (KFTU) received on 30 September 2020.

Articles 12, 16, 17 and 18 of the Convention. Limitations and restrictions of labour inspection. Effective enforcement of penalties for labour law provisions. 1. Moratorium on labour inspections. The Committee notes the Government’s indication in its report regarding the adoption of Government Decision No. 586 of 2018 on the introduction of a temporary ban on the inspection of economic entities. The Committee notes with deep concern that Government Decision No. 586 provides for such a temporary ban between 1 January 2019 and 1 January 2021 (section 1). The Government Decision states, in its preamble, that it aims to: create favourable conditions for business development, improve the investment climate, support the economic activities of business entities and prevent interference of authorized bodies in the activities of business entities. However, the Committee notes the KFTU’s statement that since inspections have been prohibited, any violation of workers' labour rights can only be investigated on the basis of a worker's complaint, which creates favourable conditions for employers to cover up any violation of labour rights and industrial accidents. The KFTU further states that the moratorium has had a negative impact on occupational safety and the prevention of occupational accidents.

While noting that inspections may be carried out in connection with applications from individuals and legal entities concerning violations of labour rights (section 1(4)), the Committee recalls that Article 16 of the Convention provides for the undertaking of labour inspections as often as is necessary to ensure the effective application of the relevant legal provisions. Recalling that a moratorium placed on labour inspection is a serious violation of the Convention, the Committee urges the Government to eliminate the temporary ban on inspections and to ensure that labour inspectors are able to undertake labour inspections as often and as thoroughly as is necessary to ensure the effective application of the legal provisions, in compliance with Article 16 of the Convention. The Committee also requests the Government to provide its comments with respect to the KFTU observations.

2. Other limitations on labour inspection. The Committee previously noted with concern that Law No. 72 of 2007 (as amended) on the conduct of inspections in enterprises provides for various limitations on labour inspection powers and the undertaking of labour inspections, including restrictions relating to: (i) the power to undertake labour inspections without prior notice (scheduled inspection visits have to be notified at least ten days prior to the inspection (section 6(6)); (ii) the free initiative of labour inspectors (labour inspections require a formal authorization, in coordination with the body for the development of entrepreneurship (section 12(3)); (iii) the frequency of labour inspections (e.g. scheduled inspections shall not be conducted more than once a year in workplaces considered to be at high risk, and not more than once every three years in workplaces with an average degree of risk (section 6(3)), and inspections shall not be conducted in new businesses within the first three years of their operation (section 6(8)); and (iv) the scope of inspections, particularly in terms of the issues that can be examined in the course of inspections (sections 6(5) and 7(4)). Pursuant to section 20 of Law No. 72 where a court does not confirm the existence of a violation as detected by an inspector, and where the court considers that this is the result of a fault of the labour inspector, the inspector shall be removed from office. Section 11 of Law No. 72 provides that scheduled and unscheduled inspections are not intended to impose financial or other sanctions on businesses and that in the event of an observed violation of the legislation during a scheduled inspection, inspectors may issue a written warning to the enterprise requesting it to eliminate the violation within 30 days (three days if the violation impacts the safety or health), and following the expiry of this delay, may take measures to influence the enterprise, as provided for in legislation.

The Committee notes that the Government indicates that there have been no amendments to these provisions of Law No. 72 and that it plans to consider the issue within the framework of the National Tripartite Commission. The Government states that in accordance with Law No. 72, the authorized state body may carry out unplanned on-site inspections only after the Ministry of Economy has given its consent. The Committee notes with deep concern the Government’s statement that this is the only form of inspection during which labour inspectors can check that employers comply with the requirements of labour legislation, and its further statement that if the organization has a qualified lawyer, any inspection with prior notice or limited to the study of documents provided by the employer has almost no chance of identifying evidence of actual labour law violations. The Committee also notes the observations of the KFTU referring to the number of occupational accidents and indicating that Law No. 72 has had a negative impact on occupational safety and the prevention of occupational accidents.

The Committee recalls its General Observation of 2019 on the labour inspection Conventions, expressing concern at reforms that substantially undermine the inherent functioning of labour inspection systems and urging governments to remove these restrictions, with a view to achieving conformity with Convention No. 81. The Committee once again urges the Government to take the necessary measures to ensure that labour inspectors are empowered to make visits to workplaces liable to inspection without previous notice in conformity with Article 12(1)(a) of the Convention and that they are able to initiate or recommend immediate legal proceedings without prior warning, where required, in conformity with Article 17 of the Convention. It further urges the Government to take the necessary measures to ensure that labour inspectors are able to undertake labour inspections as often and as thoroughly as is necessary to ensure the effective application of the legal provisions. The Committee also requests the Government to provide information on the progress made in this regard, including the consideration given to this issue within the National Tripartite Commission. It recalls that the Government can avail itself of the technical assistance of the ILO in this regard.

Article 13(2)(b). Measures to ensure the safety and health of workers. In its previous comments, the Committee referred to section 17 of the Occupational Safety and Health Act and section 402 of the Labour Code and requested the Government to bring the national legislation into compliance with the requirements of the Convention by empowering labour inspectors to take measures with immediate executory force in case of imminent danger to the health or safety of workers, even where no specific violation of the legislation is identified. The Committee notes that the Government indicates that it plans to consider the issue within the framework of the National Tripartite Commission. The Committee once again requests the Government to take measures to bring the national legislation into conformity with Article 13(2)(b) of the Convention and to provide information on the measures taken.

Articles 20 and 21. Annual labour inspection report. In its previous comments, the Committee requested the Government to provide information on the measures taken by the central labour inspection with a view to publishing and transmitting to the Office the annual labour inspection report. In this respect, the Committee notes the statistical data on labour inspection visits and violations detected provided in the Government’s report in 2019, but notes that the Government has not submitted an annual report on the work of the labour inspection activities. The Committee urges the Government to take the necessary measures to ensure that annual inspection reports are published and transmitted to the ILO in accordance with the requirements of Articles 20 and 21.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to reply in full to the present comments in 2021.]

Statistical information on migration flows. The Committee welcomes the detailed statistical information provided by the Government showing that in 2019 more than 776,000 persons migrated for employment mainly to the Russian Federation, Turkey and Kazakhstan. It further notes that the quota of foreign workers established by the Government for 2019 was 17,410 workers, which included 562 individual entrepreneurs, mainly in the sectors of industry, agriculture and energy, prospecting and extraction. The Committee requests the Government to continue to provide information concerning the number of incoming and outgoing migrant workers, the sectors of occupation concerned

Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes the Government’s indication that, further to the amendment on 24 March 2018 on the Act on Foreign Labour Migration, standards have been established restricting the number of foreign workers at one economic entity to not more than 20 per cent of the overall number of workers. The Government also indicates that it plans to develop a concept for migration policy. The Committee requests the Government to continue to provide information on the implementation of national policies, laws and regulations on labour migration, including the formulation of a concept for migration policy, and any obstacles encountered.

Articles 2 and 3. Information and misleading propaganda. The Committee welcomes the information provided by the Government regarding the establishment and activities of the Information and Advice Centre operating as part of the State Migration Service. The Centre helps unemployed citizens find work abroad, mainly in the Russian Federation, Kazakhstan, the Republic of Korea and Turkey; it also undertakes activities to raise public awareness on access to the state services available and holds consultations. The Government adds that hotlines are also available as mechanisms against misleading propaganda and that Instructions for Private Employment Agencies for Pre-departure Preparation of Migrant Workers have been developed and approved, and the licence of a private agency may be suspended if a violation of dissemination of misleading propaganda is detected. The Committee asks the Government to provide information on the supervision of the private agencies under the Instructions for Private Employment Agencies for Pre-departure Preparation of Migrant Workers and its results, and information on any steps taken against misleading propaganda relating to emigration and immigration.

Article 4. Facilitation of departure, journey and reception of migrant workers. The Committee notes the Government’s indication that the Information and Advice Centre establishes favourable conditions for the work of private agencies to recruit abroad. It notes that, over the reporting period, with the cooperation of 123 private agencies, it was possible to find work abroad for 5,507 Kyrgyz citizens – 2,056 of which were women. A number of agreements are also being developed under the Eurasian Economic Union that are aimed at facilitating the stay, recruitment and safety of workers. The Committee asks the Government to continue to provide information regarding services provided to Kyrgyz citizens emigrating for labour purposes, through the Information and Advice Centre or otherwise. It also requests the Government to provide information on any information and assistance services provided to foreign workers in Kyrgyzstan and to returning migrant workers to assist in their reintegration in the country.

Article 5. Medical services. The Committee notes the Government’s indication that, under Act No. 4 of 13 January 2006 on External Labour Migration, foreign citizens must, at the request of the employer, submit to a medical examination in the format established by law. The Government also indicates that, “if, during the medical examination, any social disease is identified (HIV/AIDS), the medical centre does not issue the foreign worker with a medical certificate. Accordingly, a foreign citizen who does not have the full packet of documents cannot submit those documents for the committee’s consideration in order to receive a work permit”. The Committee recalls that it considers that “refusal of entry ... on the grounds that the worker concerned is suffering from an infection or illness of any kind, which has no effect on the task for which the worker has been recruited, constitutes an unacceptable form of discrimination” (General Survey of 1999 on migrant workers, para. 266). The Committee also draws the Government’s attention to Paragraphs 25 and 28 of the HIV and AIDS Recommendation, 2010 (No. 200), which provide that “HIV testing or other forms of screening for HIV should not be required of workers, including migrant workers, jobseekers and job applicants” and “[m]igrant workers, or those seeking to migrate for employment, should not be excluded from migration by the countries of origin, of transit or of destination on the basis of their real or perceived HIV status” (General Survey of 2016, paragraph 252). The Committee requests the Government to take the necessary measures to amend the Act No. 4 of 2006 with a view to ensuring that when the worker concerned is suffering from an infection or illness of any kind, which has no effect on the task for which he or she has been recruited, he or she can obtain a work permit and to provide information on any progress achieved in this respect.

Article 6. Equality of treatment. The Committee notes that, in reply to its request regarding the implementation in practice of the non-discrimination provisions of Law No. 61 of 2000, the Government indicates that an inter-agency working committee was established to consider the status of immigrants in order to issue or withdraw residency permits. The Committee recalls that Article 6 of the Convention prohibits unequal treatment resulting from legislation or administrative practices. Member States should ensure that equality legislation is applied effectively, including through labour inspection or other supervisory authorities. In requiring “no less favourable treatment”, the Convention allows the application of treatment to migrant workers which, although not identical to that enjoyed by nationals, is equivalent in its effects”. The Committee also considers that “Governments should implement active measures appropriate to the national circumstances so as to ensure that this right is effective in practice as well as in law” (General Survey of 2016, paras 332 and 420). The Committee requests the Government to indicate how it ensures that the treatment extended to migrant workers employed in Kyrgyzstan is no less favourable than that which is applied to nationals, in law and in practice with regard to the matters listed in Article 6(a)-(d) of the Convention, in particular conditions of work and social security. The Committee also asks the Government to provide information on any activities carried out by the labour inspection services, or other enforcement bodies, to monitor conditions of employment of migrant workers, and secure the enforcement of legal provisions relating to their conditions of work, particularly in the sectors in which they are mainly employed, and their outcome. Please also indicate the mechanisms and procedures allowing migrant workers to be informed of their rights and to seek redress on an equal footing with nationals regarding situations of non-respect of the right to equal treatment in practice, with respect to working conditions, including termination, without facing the risk of losing their residence permit.

Article 8. Maintenance of residence in the event of incapacity for work. In its previous comment, the Committee requested the Government to indicate if the refusal to issue a residence permit on the grounds that “the migrant worker is not able to sustain himself or his dependants”, under Law No. 61 of 2002, also applies to migrant workers who have been admitted on a permanent basis or to the members of his or her family, because the migrant is unable to follow his or her occupation by reason of illness contracted or injury sustained subsequent to entry. Noting that the Government’s report does not contain any reply, the Committee recalls that security of residence of permanent migrants and members of their families in case of ill health or injury constitutes one of the most important provisions of the Convention, and it is concerned that, in cases where this is not effectively applied, permanently resident migrants may find themselves under constant threat of repatriation. The Committee therefore requests the Government to indicate how it is being ensured that migrant workers who have been admitted on a permanent basis, and the members of their family authorized to join them, and who are unable to work due to illness contracted or injury sustained subsequent to entry, maintain their right to residence or are not refused the issuance of the residence permit on the grounds of their inability to sustain themselves or their dependants.

Article 11. Definition of the term “migrant workers”. The Committee notes the Government’s indication that the situation of refugees who are not covered by Act No. 4 of 2006 on External Labour Migration is governed by the Refugees Act of 2002.

Annex I of the Convention. In reply to the Committee’s request, the Government indicate that private employment agencies providing services for the recruitment of Kyrgyz citizens abroad operate with a permit granted by the Government’s State Migration Service and are regulated by Government Decision No. 175 of 16 April 2019 approving the Regulations on the Performance of Labour Activities by Foreign Citizens and Stateless Persons in the Territory of Kyrgyzstan, and the Regulations on the Procedure for Undertaking the Recruitment of Kyrgyz Citizens Abroad. Noting this information, the Committee asks once again the Government to provide information on: (i) the type of services they provide to migrant workers and to specify whether these services are free of charge; and (ii) the number or percentage of migrant workers who have migrated to or from Kyrgyzstan with the assistance of an employment agency or not.

Articles 1 and 2 of the Convention. Assessing and addressing the gender pay gap and its underlying causes. The Committee notes from the National Review of Kyrgyzstan on the Implementation of the Beijing Declaration and Platform for Action (the Beijing +25 report) that, as women usually work in low-paying jobs, women’s earnings in 2017 amounted to 75.2 per cent of those of men. The Government also indicates in its report that the pay gap is explained by the fact that men work in areas of economic activity with higher wages, such as the extraction industry and construction, while women work in the social sector, where wages are not as high (education, health care, social protection, etc.). The Committee asks the Government to provide updated statistics regarding the gender pay gap, by sector if possible. The Committee also asks the Government to provide information on the steps taken or envisaged to address wage differentials between men and women and horizontal and vertical occupational gender segregation, including the measures adopted to remove the legal barriers regarding women’s access to certain jobs with higher pay, increase the number of women in male-dominated sectors and ensure that female-dominated occupations are not undervalued in terms of remuneration.

Article 1(a). Definition of remuneration. With respect to payments in kind, the Committee notes the Government’s indication that it is prohibited to pay wages in the form of promissory notes, vouchers, food or goods cards, or other similar substitutes for cash, and that in-kind remuneration is not therefore used to pay for the labour of men and women, or for additional payments, including premiums or bonuses.

Article 1(b). Equal remuneration for work of equal value. Legislation. The Committee recalls section 17 of the Gender Equality Act of 2003, which provides that persons of different sexes are entitled to equal wages given the same qualifications and the same conditions of work. The Committee notes the Government’s indication that, further to the analysis made for the Beijing +25 report, amendments to the Act will be considered by the National Tripartite Commission. In this context, the Committee recalls that the concept of “work of equal value” is fundamental to tackling occupational gender segregation, which is an important feature of the labour market in Kyrgyzstan, as it permits a broad scope of comparison between different jobs requiring different skills, responsibilities, efforts and performed in different working conditions, but which are nevertheless of equal value in their totality. This requires some method of measuring and comparing the relative value of different jobs. For instance, the principle has been applied to compare the remuneration received by men and women engaged in different occupations, such as wardens in sheltered accommodation for the elderly (predominantly women) and security guards in office premises (predominantly men), and school meal supervisors (predominantly women) and garden and park supervisors (predominantly men). In light of the persistent and high gender pay gap, the Committee once again asks the Government to take steps to amend section 17 of the Gender Equality Act in order to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, and to provide information on the steps taken in this regard, so as to ensure that men and women receive equal remuneration not only for “work of a similar nature”, but also for work that is of an entirely different nature but nevertheless of equal value.

Article 2. Promoting the principle of equal remuneration for work of equal value in the public sector. Noting that the Government’s report is silent on this subject, the Committee once again asks the Government to provide information on the implementation of the principle of equal remuneration for men and women for work of equal value in the public sector and statistical information on the number of public employees by occupation and position disaggregated by sex and the corresponding wage scales.

Articles 2(c) and 4. Cooperation with employers’ and workers’ organizations. Collective agreements. The Committee notes the Government’s indication that, at the meetings of the National Tripartite Commission in 2017–19, the issue of equal remuneration for men and women for work of equal value was not discussed. The Government also indicates that this issue will be included in the draft new General Agreement 2020–22. It adds that, on 10 December 2018, the first Women’s Trade Union Conference for workers in the construction and building materials industry discussed the introduction of a gender-based approach in collective agreements. Referring to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee wishes to draw the Government’s attention to the importance of implementing a gender equality approach in relation to equal pay so as to ensure that the measures foreseen in “women’s sections” in collective agreements do not reproduce gender stereotypes and prejudices. The Committee asks the Government to continue providing information on any activities carried out by the National Tripartite Commission in relation to the principle of equal remuneration for men and women for work of equal value. It also asks the Government to provide information on: (i) the anti-discrimination provisions included in the new General Agreement 2020–22; and (ii) any measures envisaged or taken in collaboration with employers’ and workers’ organizations to implement the principle of the Convention, including with respect to the promotion of objective job evaluation methods.

Enforcement and awareness-raising. The Committee notes the Government’s indication that, during the reporting period, no equal pay complaints or appeals were received by the State Environmental and Technical Safety Inspectorate. The Committee wishes to recall that, not only is it essential to acknowledge that no society is free from discrimination, and that continuous action is required to address it, but also that, where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The lack of complaints or cases could also indicate that the system for recording violations is insufficiently developed (2012 General Survey on the fundamental Conventions, paragraph 870). The Committee further recognizes the particular difficulties faced by labour inspectors in identifying cases of wage discrimination or in determining whether equal pay is provided for work of equal value, especially where men and women do not perform the same work. It therefore wishes to emphasize the importance of training labour inspectors so that they are better able to prevent, detect and remedy such cases. The Committee asks the Government to continue providing information on the number and outcome of equal pay complaints submitted under the Labour Code and the Gender Equality Act. It also encourages the Government to develop training programmes to enhance the capacity of labour inspectors to deal with gender-based discrimination, and particularly wage discrimination cases, as well as awareness-raising initiatives on equal remuneration for workers, employers and their organizations. Noting that the report is silent on this point, the Committee once again asks the Government to provide information on the activities of the National Council for Women, Family and Gender Development in relation to equal remuneration for men and women.

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for the expression of views opposed to the established political, social or economic system. 1. Penal sanctions for an insult of a public official. The Committee previously noted that section 342 of the Penal Code of 1997 states that the insult of a public official during the discharge of their official duties, or in connection with this discharge, shall be punishable by a fine of 50 to 100 minimum monthly wages or to imprisonment of a term of up to six months (which involves the obligation to perform work). The Committee recalled that Article 1(a) of the Convention prohibits the use of compulsory labour (including compulsory prison labour) as a punishment for holding or expressing political views.

The Committee notes the Government’s indication in its report that the new Penal Code entered into force on 1 January 2019. The Committee notes with interest that the Penal Code of 2019 does not contain a provision considering the insult of a public official as an offence punishable by sanctions of imprisonment.

2. Penal sanctions for organization and participation in an illegal religious group. The Committee notes that according to section 196(1) of the Penal Code of 2019, organization or leadership of an illegal religious group whose activities are carried out under the guise of preaching religious beliefs and performing religious rituals, if it causes significant harm to citizens’ rights or encourages them to abandon social activities or refuse compliance with civic duties, or if it involves minors, can be punished with category IV correctional labour or category I imprisonment (including compulsory prison labour). As per section 196(2) of the Penal Code of 2019, active participation in the activities of such an illegal religious group or its systematic promotion can be punished with category IV correctional labour or category I imprisonment.

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour, including compulsory prison labour, as a punishment for holding or expressing views ideologically opposed to the established political, social or economic system. In its 2007 General Survey on the eradication of forced labour, paragraph 154, the Committee indicates that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence. Nevertheless, sanctions involving compulsory labour fall within the scope of the Convention if they enforce a prohibition of the peaceful expression of views or of opposition to the established political, social or economic system. In this regard, the Committee observes that provisions of section 196 of the Penal Code provide for the imposition of penalties involving compulsory labour in circumstances defined in terms which are broad enough to give rise to questions about their conformity to the Convention. The Committee requests the Government to provide detailed information on the manner in which section 196 of the Penal Code is applied in practice, with an indication of whether any court rulings have been handed down under this section, the penalties imposed and a description of the acts giving rise to such rulings, to enable it to examine to what extent these provisions are compatible with the Convention.

Article 1(c). Penal sanctions applicable to public officials. The Committee previously noted that pursuant to section 316(1) of the Penal Code of 1997 (“Negligence”), the non-performance or improper performance by an official of his/her duties as the result of a negligent attitude, causing substantial harm to the legitimate rights and interests of persons or organizations, or to state interests, is punishable by arrest (which involves deprivation of freedom and an obligation to perform labour). The Committee requested the Government to provide information on the application of section 316(1) of the Penal Code in practice, including copies of court decisions which could define or illustrate its scope, in order to enable the Committee to ascertain whether this provision is not used as a means of labour discipline within the meaning of the Convention.

The Committee notes the Government’s information that since 2015, two persons have been imprisoned under section 316 of the Penal Code of 1997. The Committee further notes that according to section 331(1) of the new Penal Code of 2019 (“Negligence”), the non-performance or improper performance by an official of his/her duties as a result of negligent behaviour, causing significant harm can be punished with category IV community service or with category III correctional labour. The Committee further notes that according to Annex 1 of the Penal Code of 2019, the definition “significant harm” covers various consequences, including, for example, violation of constitutional human and civil rights and freedoms or significant material (property) damage, as well as other consequences clearly indicating the significance of the harm caused. In its 2007 General Survey on the eradication of forced labour, paragraph 175, the Committee indicates that “the Convention does not prohibit the imposition of sanctions (even if involving compulsory labour) on persons responsible for breaches of labour discipline that impair or are liable to endanger the operation of essential services, or which are committed either in the exercise of functions that are essential to safety or in circumstances where life or health are in danger.” In this regard, the Committee observes that the wording of section 331(1) of the Penal Code of 2019, by referring to “significant harm”, might lead to the imposition of penalties involving compulsory labour in a range of circumstances that are not limited to situations where the life, personal safety or health of the population is endangered. The Committee requests the Government to provide information on the manner in which section 331(1) of the Penal Code of 2019 is applied in practice, with an indication of whether any court rulings have been handed down under this section, the penalties imposed and a description of the acts giving rise to such rulings, to enable it to examine to what extent these provisions are compatible with the present provisions of the Convention.

Article 1 of the Convention. Prohibition of discrimination. Legislation. In reply to its comments, the Committee notes the Government’s statement that article 9 of the Labour Code prohibits both direct and indirect discrimination at all stages of employment, and social origin is a protected ground under the Labour Code. The Committee asks the Government to indicate the measures taken to raise awareness of the anti-discrimination provisions of the Constitution and the Labour Code and to promote effectively equality in employment and occupation.

Scope of application. Public sector. The Committee notes that the Government’s report does not contain any information on equality and non-discrimination in law and in practice in the public sector. Recalling that section 16(2)(2) of the Constitution of 27 June 2010 prohibits discrimination on the basis of “sex, race, language, disability, ethnicity, belief, age, political and other convictions, education, background, property and other status as well as other circumstances”, the Committee asks once again the Government to provide information on any protection against discrimination provided specifically to workers in the public sector, including those covered by Act No. 114 of 11 August 2004 on the Public Service.

Discrimination based on sex. Indirect discrimination. The Committee recalls that in the Act on Gender Equality of 31 January 2003, which prohibits and provides for the definition of “overt” and “hidden” gender discrimination, the definitions provided are narrower than the concept of indirect discrimination. It further recalls that indirect discrimination falls within the scope of the Convention and refers to apparently neutral situations, regulations or practices which in fact result in unequal treatment of persons with certain characteristics, and occurs when the same condition, treatment or criterion is applied to everyone, but results in a disproportionately harsh impact on some persons on the basis of some characteristics (General Survey on the fundamental Conventions, 2012, paragraphs 743 and 745). In the absence of information in the Government’s report, the Committee asks the Government once again to indicate whether any steps have been taken to define and prohibit indirect gender-based discrimination more explicitly in the Act on Gender Equality.

Sexual harassment. The Committee recalls that the definition of “sexual harassment” in section 1 of the Act on Gender Equality is too restrictive and does not cover the whole range of behaviours constituting quid pro quo and hostile work environment sexual harassment. It further recalls that the definitions of sexual harassment contain the following elements: (1) quid pro quo: any physical, verbal or non-verbal conduct of a sexual nature and other conduct based on sex affecting the dignity of women and men which is unwelcome, unreasonable and offensive to the recipient; and a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for a decision which affects that person’s job; and (2) hostile work environment: conduct that creates an intimidating, hostile or humiliating working environment for the recipient (see General Survey of 2012, paragraph 789). The Committee notes that the Government’s report does not contain any information in reply to the Committee’s comments in this regard but merely indicates that it is the legal duty of the employer to take steps to prevent sexual harassment. The Committee is bound to reiterate its request to the Government to indicate the steps taken or envisaged to: (i) include in the legislation a clear definition and prohibition of both quid pro quo and hostile work environment sexual harassment; and (ii) raise awareness among employers, workers and their respective organizations of all the forms of sexual harassment, at the national, local or workplace levels, including in the public sector, through media campaigns or public conferences for example.

Exclusion of women from certain categories of work. The Committee recalls that, under sections 218 and 303 of the Labour Code, it is prohibited to employ women for certain categories of work and that Resolution of the Government of the Kyrgyz Republic No. 158 of 24 March 2000 established a list of up to 400 jobs and tasks, with harmful and (or) dangerous working conditions, in which it is prohibited to employ women. The Committee notes the Government’s indication that, as part of the current reform of the labour law, work is under way to review this list. In this regard, the Committee points out that a major shift has occurred over time, moving from a purely protective approach to the employment of women to one based on promoting genuine equality between men and women and eliminating discriminatory law and practice. Protective measures for women may be broadly categorized into those aimed at protecting maternity in the strict sense, which come within the scope of Article 5 of the Convention, and those aimed at protecting women generally because of their sex or gender, based on stereotypical perceptions about their capabilities and appropriate role in society, which are contrary to the Convention and constitute obstacles to the recruitment and employment of women (see General Survey of 2012, paragraph 839). The Committee recalls that it considers that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health. Protective measures for women must be determined on the basis of the results of a risk assessment showing that there are specific risks for women’s health and/or safety. Therefore such restrictions, if any, have to be justified and based on scientific evidence and, when in place, have to be periodically reviewed in the light of technological developments and scientific progress to determine whether they are still necessary for protection purposes. The Committee further recalls that it may be necessary to examine what other measures, such as improved health protection of both men and women, adequate transportation and security, as well as social services, are necessary to ensure that women can access the types of employment concerned on an equal footing with men (see General Survey of 2012, paragraph 840). In light of the above considerations, and within the framework of the ongoing labour law reform, the Committee asks the Government to take steps to: (i) amend the Labour Code, in particular sections 218 and 303, to ensure that any restrictions to women’s access to certain categories of work is strictly limited to the protection of maternity and does not apply to women in general; (ii) review the list of industries, jobs, professions and positions with harmful and/or dangerous working conditions, in which it is prohibited to employ women, established by Government Resolution No. 158 of 24 March 2000; and (iii) review and amend any other gender-based discriminatory legal provisions, including in the Law of 2003 on Labour Protection, restricting the employment of women.

Ethnic minorities. The Committee notes that the Government’s report does not contain any reply to its previous comments on measures adopted to address discrimination or inequalities faced by ethnic minorities, including through affirmative action measures as foreseen by the Constitution. The Committee notes that the United Nations Committee on the Elimination of Racial Discrimination (CERD), in its concluding observations, expressed concerned about “the prevalence of stereotyping and stigmatization of ethnic minorities, including Uzbeks, Turks, Uighurs and Mugat”, and requested the Government “to strengthen its efforts, including through education, culture and awareness-raising campaigns, to combat ethnic or racial stereotypes and stigma, with a view to promoting tolerance and understanding”. The CERD was also “concerned about the low level of enjoyment of economic and social rights by certain ethnic groups, in particular the extremely low living standard of the Mugat, characterized by a high unemployment rate, low school attendance and high rates of school dropout, especially among girls”, and “discrimination against Uzbeks in access to work” (CERD/C/KGZ/CO/8-10, 30 May 2018, paragraphs 17, 18(a), 23(a) and (c) and 24). The Committee asks the Government to take steps to address discrimination and inequalities faced by ethnic minorities, in particular the Uzbek and Mugat minorities, to ensure that they have access to education, vocational training and employment on an equal footing with other sections of the population, and that any violations of the principle of equality is duly sanctioned. The Committee also asks the Government to adopt awareness-raising measures with a view to eliminating racial stereotypes and prejudices and to provide information on the initiatives undertaken in this regard.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 2. National policy on gender equality. The Committee notes the Government’s indication that Directive No. 35 of 2 May 2019 of the Ministry of Labour and Social Development (MLSD) established an Inter-Agency Working Group to develop recommendations to implement amendments to the legislation in force and laws and regulations on criminal liability for gender discrimination and violence in the sphere of work and service relations. The Committee also notes from the Report “Beijing+25: National-level review of the Kyrgyz Republic on the implementation of the Beijing Declaration and Beijing Platform for Action” (the Beijing+25 Report) that “there is a downward trend in women’s economic activity: from 50.4 per cent in 2014 to 45.9 per cent in 2017” and the unemployment rate for women was 8.9 per cent against men’s unemployment of 5.6 per cent. The Committee further notes from this report that, in 2017, a gender analysis of employment legislation and legal mechanisms and instruments to overcome existing barriers for women in the labour market conducted under the auspices of the MLSD showed that, despite the declared prohibition of discrimination by sex or gender, certain elements of discrimination persist both at the legislation level and in the labour market in practice, such as refusal to employ pregnant women and women with young children, lower wages for women, and factors that prevent women from having certain jobs and exercising their employment rights in certain occupations. The analysis included a survey that confirmed the vulnerable status of women in employment. The Committee notes that the National Strategy for Achieving Gender Equality until 2020 (NSAGE 2020), which was adopted by Government Decree No. 443 of 27 June 2012, is currently operationalized by the Fifth Plan for Achieving Gender Equality for 2018–2020 (PAGE 2018–2020). This Plan provides for measures to promote the employment of women, to address gender discrimination and stereotypes through work targeting different social, ethnic and religious groups to eliminate patriarchal views on the roles of women and men in the family and society, to identify discriminatory practices in employment and work relations of pilot ministries, etc. Welcoming all the measures envisaged in the PAGE 2018–2020 to promote and realize gender equality in employment and occupation, the Committee asks the Government to provide detailed information on the manner in which such measures are implemented in practice, in particular measures taken to eliminate gender stereotypes, address horizontal and vertical occupational gender segregation and increase employment opportunities for women, including women from ethnic minorities, in all sectors. The Committee asks the Government to provide information on any steps taken to assess the results of the NSAGE 2020 and PAGE 2018–2020 and to review national gender equality plans accordingly. It also asks the Government to provide information on the recommendations issued by the above-mentioned Inter-Agency Working Group on gender discrimination and violence in employment and occupation.

Equal access to vocational training and education for men and women. The Committee notes the Government’s indication that the system for initial vocational education is aimed at training skilled specialists according to the needs of the labour market and, as of January 2019, it included 30 per cent of girls. There are 56 per cent of young women in secondary vocational education institutions and 53 per cent in higher education institutions. The Committee notes however from the Beijing+25 Report that “the country still has gender segregation in the choice of careers available in higher education: women usually choose humanities, pedagogy (86.6 per cent), healthcare and social sciences (74.8 per cent) and men choose engineering and technology sciences, for example, transport (91 per cent)”. According to this report, “young women and girls, especially from ethnic and religious minorities, face substantial barriers in continuing their education”. The Committee asks the Government to indicate the steps taken or envisaged to ensure that education and vocational guidance is provided free from considerations based on gender stereotypes or prejudices and gender segregation. The Committee also asks the Government to provide information on any barriers identified for girls and young women, including from ethnic or religious minorities, to continue their education in schools and vocational institutions and the measures taken to overcome such obstacles, including through awareness-raising at the community level.

Article 3(a). Cooperation with workers’ and employers’ organizations. Collective agreements. The Committee notes the Government’s indication that representatives of the Federation of Trade Unions of Kyrgyzstan participated in the development of the above-mentioned Plan to Achieve Gender Equality. The Government indicates that, at the first women’s trade union conference for workers in the construction and building materials industry, the introduction of a gender-based approach when concluding collective agreements was discussed and it was recommended to include a “women’s section” in collective agreements providing for labour and social benefits for women. The Government also indicates that, out of 100 primary organizations, two already have such sections in their collective agreements that reflect the needs of women, who enjoy the benefits granted. While welcoming this initiative, the Committee would like to draw the Government’s attention to the importance to implement a gender equality approach, which takes into account the principles in relation to gender-based discrimination explained above and hereafter, so as to ensure that the measures foreseen in “women’s sections in collective agreements do not reproduce gender stereotypes, in particular with respect to family responsibilities, and therefore do not provide additional barriers to the recruitment and employment of women. The Committee asks the Government to continue to provide information on the cooperation of the social partners with regard to promoting equality of opportunity and treatment in employment and occupation and the manner in which they are involved in efforts to promote the Act on Gender Equality. The Committee also asks the Government to provide more detailed information on the content of “women’s sections” in collective agreements and the measures envisaged therein.

Article 5. Special measures of assistance. Workers with family responsibilities. The Committee recalls that the Labour Code provides for special measures for women workers with children under 3 years of age with respect to night work, overtime, work on weekends, etc. (sections 97 and 304). While noting the Government’s indication that such measures are extended to fathers raising children without a mother and to guardians of minors, the Committee must reiterate that when legislation, collective agreements or other measures reflect the assumption that the main responsibility for family care lies with women or excludes men from certain rights and benefits, it reinforces and prolongs stereotypes regarding the roles of women and men in the family and in society. The Committee considers that, in order to achieve the objective of the Convention, measures to assist workers with family responsibilities should be available to men and women on an equal footing (General Survey, 2012, paragraph 786). If not, such measures may constitute obstacles to the recruitment and employment of women and are contrary to the principle of gender equality in employment and occupation. The Committee further notes from the Beijing+25 Report that the NSAGE until 2020 “stresses the uneven distribution of reproductive and family obligations as a factor contributing to economic dependence and vulnerability of women”. Welcoming the Government’s indication that amendments to section 304 of the Labour Code will be considered as part of the work of the Inter-Agency Working Group to improve the labour law, the Committee asks the Government to review and amend the above provisions with a view to ensuring that measures aimed at assisting workers with children are provided to both men and women workers on an equal footing.

Enforcement. While noting the general information provided by the Government regarding the enforcement authorities (Office of the Ombudsman, the General Procurator) in cases of a violation in relation to gender equality, the Committee notes that the report does not contain any information in response to its previous request on the number and nature of complaints lodged, as well as summaries of the decisions of particular relevance to the principle of the Convention. The Committee therefore asks the Government once again to provide information on the number and nature, including the prohibited ground concerned, of complaints in relation to discrimination based on any of the grounds covered by the Convention in employment and occupation dealt with by the Ombudsman and the General Procurator, as well as information on the sanctions imposed and the remedies granted.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 45 (underground work (women)), 119 (guarding of machinery), and 120 (hygiene (commerce and offices)) together.

A. Protection against specific risks

Guarding of Machinery Convention, 1963 (No. 119)

Articles 2, 4, 11 and 16 of the Convention. Sale, hire, transfer in any other manner and exhibition of machinery. Obligation of the vendor, the person letting out on hire or transferring the machinery, the exhibitor and the manufacturer. Prohibition of the use of machinery without guards and consultations on laws and regulations with a view to giving effect to the Convention. In its previous comments, the Committee requested the Government to provide information on the specific provisions of the legislation giving effect to the Articles of the Convention. In this respect, the Committee notes that the Government indicates in its report that section 13 of the Occupational Safety and Health Act provides that projects for the construction and reconstruction of machines, tools and other industrial equipment must comply with the laws and regulations on occupational safety and health and that the production and introduction of new equipment is prohibited without the competent state body assessing the conformity of the projects with occupational safety and health requirements. Section 13 also provides that machines, tools and other industrial equipment, including those of foreign production, must meet the requirements set out in technical regulations. The Committee requests the Government to provide information on the technical regulations adopted on machine safety, referred to it section 13 of the Occupational Safety and Health Act. In particular, it requests the Government to provide information on any regulations implementing Article 2(1) and (2) (sale, hire, transfer in any other manner and exhibition of machinery), Article 4 (obligation of the vendor, the person letting out on hire or transferring the machinery, the exhibitor and the manufacturer), Article 11 (prohibition of the use of machinery without guards) and Article 16 (consultations on laws and regulations with a view to giving effect to the Convention).

Articles 6(1), 7, 8(2) and 10(2). Prohibition by national laws and regulations of the use of machinery without appropriate guards. Employer’s duty to ensure compliance. Maintenance, lubrication, setting-up or adjustment of machinery in conformity with accepted standards of safety and obligation of the employer to establish and maintain safe environmental conditions. Following its previous comments, the Committee notes the Government’s indications regarding the Building Norms of Kyrgyzstan on Occupational Safety in Construction, approved by Order No. 15 of 2018, and developed to comply with occupational safety and health rules in facilities for construction works, production of building materials and manufacture of building structures and products. The Committee notes that the following sections of the Building Norms give effect to Articles 6(1), 7, 8(2) and 10(2) of the Convention with respect to the construction sector: section 7.3.4 providing for the obligation to fence off moving parts of machines that are sources of danger with solid metal meshes; section 4.1 providing for the obligation of the employer to ensure the safe operation of equipment used in construction; sections 7.1.6 and 7.1.8 requiring the maintenance of machines in accordance with safety standards and sections 7.2.1 and 6.6.13 providing for the obligation of the employer to establish environmental conditions to protect workers, such as the use of safety signs or warning notices to indicate dangerous areas where machines are used and the reduction of machine noise to eliminate harmful effects on workers. The Committee requests the Government to provide information on the measures giving effect to Articles 6(1) (prohibition by national laws and regulations of the use of machinery without appropriate guards), 7 (employer’s duty to ensure compliance), 8(2) (maintenance, lubrication, setting-up or adjustment of machinery in conformity with accepted standards of safety) and 10(2) (obligation of the employer to establish and maintain safe environmental conditions) of the Convention for the use of machines outside of the construction sector.

Article 10(1). Obligation of the employer to take steps to bring national laws or regulations relating to the guarding of machinery to the notice of workers and to instruct them. Following its previous comments, the Committee notes the Government’s indications that the Regulations on the Procedures for Occupational Safety and Health Training and Testing of Workers’ Knowledge of Occupational Safety and Health Requirements, approved by Government Decision No. 225 of 2004, provide that the employer is obliged to give instructions on labour protection to all employees (section 2.1.1), including familiarization with existing or harmful production factors, occupational safety requirements contained in the organization's local regulations and the application of safe working methods and techniques (section 2.1.3), in accordance to Article 10(1) of the Convention.

Article 15. Appropriate inspection services. The Committee notes the Government’s indication, in reply to its previous comments, that pursuant to section 6 of the Regulations on the State Environmental and Technical Safety Inspectorate approved by Government Decision No. 136 of 2012, the Inspectorate monitors compliance with labour rights and occupational safety and health requirements, giving effect to Article 15(2) of the Convention. The Committee refers in this respect to its comments on Convention No. 81.

B. Protection in specific branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

The Committee notes the Government’s indications, in reply to its previous request, that the possible ratification of the Safety and Health in Mines Convention, 1995 (No. 176) and the denunciation of the Underground Work (Women) Convention, 1935 (No. 45) will be considered as part of the activities of the National Tripartite Commission in 2020. The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism Tripartite Working Group, confirmed the classification of Convention No. 45 as an outdated instrument, and has placed an item on the agenda of the 113th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to follow up with the member States currently bound by Convention No. 45 to encourage the ratification of up-to-date instruments concerning OSH, including but not limited to the Safety and Health in Mines Convention, 1995 (No. 176), and to undertake a campaign to promote the ratification of Convention No. 176. The Committee therefore encourages the Government to follow up on the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group and to consider ratifying the most up-to-date instruments in this subject area.

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Articles 1, 4 and 5 of the Convention. Scope of application and effective implementation of Part II of the Convention in the national legislation. Following its previous comments, the Committee notes that section 11 of the Occupational Safety and Health Act gives effect to Articles 13 and 19 of the Convention. Section 11 of the Act provides for sanitary services for employees in accordance with labour protection requirements as well as for measures to prevent emergency situations and to preserve the life and health of workers in the event of such situations, including the provision of first aid to victims. The Committee also notes the Government’s indications regarding the adoption of Decision No. 201 of 2016 approving Acts on Public Health Care, including Public Health Requirements for Wholesale and Retail Trade Facilities in Food Products in Annex 7. The Committee notes that the following sections of Decision No. 201 give effect to Articles 7, 8, 9, 10, 12, 13, 15, 18 and 19 of the Convention with respect to trading establishments selling food: section 80 requiring that all premises be kept clean; section 42 providing for water supply, ventilation, air conditioning, heating and lighting; section 50 providing for washing facilities and sanitary conveniences; section 32 providing for a dressing room with separate cupboards for personal and sanitary clothing; section 57 requiring that noise and vibration levels comply with hygienic standards regarding the permissible level of noise and vibration in workplaces and section 128 providing for a first aid kit with a set of medicines for first aid. The Committee notes, however, that the labour legislation does not give effect to Article 11 (arrangement of workplaces and layout of workstations); Article 14 (sufficient and suitable seats supplied for workers); Article 16 (hygiene in underground or windowless premises) and Article 17 (personal protective equipment). The Committee therefore requests the Government to provide information on the specific provisions of the national legislation that give effect to Articles 7, 8, 9, 10, 12, 15, and 18 of the Convention with respect to trading establishments outside of the food sector. The Committee also requests of the Government to indicate the legal provisions giving effect to the Articles 7-12 and 14–18 of the Convention as regards establishments, institutions and administrative services in which the workers are mainly engaged in office work.

Article 6. Inspection and application in practice. The Committee notes the information provided by the Government, in reply to its previous request, that in 2018, the Ministry of Health conducted public health inspections in 22,995 food facilities (73.6 per cent of the total number of facilities) in accordance with public health standards and that following inspections, 5,352 fines were imposed for violations of health regulations on those responsible for the facilities in the amount of 12,393,200 Kyrgyzstani soms (approximately US$157,409). It also notes the Government’s indications that 1,539 decisions were issued to suspend the operation of facilities until the elimination of violations and that sanitary notices were issued for 10,077 facilities. The Committee requests the Government to provide further information on the manner in which the Convention is applied in practice, including the number, nature and cause of reported occupational accidents and cases of occupational disease in trading establishments and establishments, institutions and administrative services in which the workers are mainly engaged in office work.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions No. 131 (minimum wage) and No. 95 (protection of wages) together.

Minimum wage

Article 2 of Convention No. 131. Sanctions. In its previous comments, the Committee requested the Government to indicate the specific penalties provided for in labour laws or regulations for failure to pay wages at no less than the legally established minimum wage rate. It notes that the Government indicates in its report that the new codes recently adopted do not contain sanctions for the violation of labour law. The Committee recalls that Article 2 provides that failure to apply the minimum wage shall make the person or persons concerned liable to appropriate penal or other sanctions. It requests the Government to take the necessary measures to give effect to this Article and to provide information in this regard.

Article 3. Elements to be considered in determining the minimum wage level. Further to its previous comments, the Committee notes the detailed information provided by the Government on the methodology used to determine the level of the subsistence minimum. While the Minimum Wage Act provides that the minimum wage is to be progressively raised to reach the amount of the subsistence minimum, the Committee notes that, according to the data provided by the Government, the minimum wage in 2018 only covered 31 per cent of the subsistence minimum. Noting the absence of information on how this ratio is determined, the Committee requests the Government to indicate how the needs of workers and their families and the relevant economic factors have been considered in fixing the minimum wage level.

Article 4. Consultation with the social partners. Further to its previous comments, the Committee notes that the Government refers to the National Tripartite Commission. It requests the Government to provide information on the role of that commission in the functioning of the minimum wage fixing machinery.

Protection of wages

Articles 4, 7, 13(2) and 15(d) of Convention No. 95. Partial payment of wages in kind. Works stores. Payment of wages in taverns or shops. Maintenance of wage records. Further to its previous comments on the application of these provisions, the Committee takes note of the information provided by the Government in its report, notably the absence of issues in practice.

Article 12. Regular payment of wages. Further to its previous comments, the Committee notes with concern the information provided by the Government on the persisting situation of wage arrears in the country. It requests the Government to take the necessary measures, in consultation with the social partners, to address the issue of wage arrears and to provide information in this regard. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance.

[The Government is asked to reply in full to the present comments in 2021.]

Article 6 of the Convention. Vocational training and apprenticeship. The Committee previously noted that, according to article 32 of the Constitution, the State shall make vocational training, specialized secondary education and higher education equally accessible to all on the basis of individual capacity. It also noted the Government’s reference to section 95 of the Labour Code according to which for children aged between 14 and 16 years who combine study and work in the academic year, or who are studying in public schools or basic and intermediate vocational training institutions, the maximum daily working hours shall be two and-a-half hours, and for those aged between 16 and 18 years the maximum daily working hours shall be three-and-a-half hours.

The Committee notes the Government’s indication in its report that basic vocational training is provided after completion of a basic general or secondary general education, usually at 15 years of age. It further indicates that the system of basic vocational training comprises 98 educational institutions: 91 vocational lycées, six colleges attached to institutions of the State Penal Service, and one industrial pedagogical college. The Government also indicates the 2018–2020 Action Plan to Implement Kyrgyzstan’s Education Development Strategy for 2012–2020 which is aimed at improving the quality of vocational training. The Committee observes from the Law on basic vocational education of 26 November 1999 that apprenticeships are a mandatory part of vocational training, which must be carried out in organizations according to the type of a training program (section 35). In addition, the State educational standard for basic vocational training of 2018 sets out the requirements for vocational training programs, in particular, its structure, duration and maximal amount of academic load, including for apprenticeships. The Committee further observes that according to the Regulations on the students’ apprenticeships at intermediate vocational training institutions of 2012, students during their practice as trainees are covered by the labour legislation of Kyrgyzstan.

Article 8. Artistic performances. The Committee noted that section 297 of the Labour Code prohibits overtime work and work on rest days or non-working days by workers under the age of 18 years, with the exception of creative work in the mass information media, cinematographic organizations, theatres, concerts, circuses and sports. The Committee reminded the Government that Article 8 of the Convention provides for the possibility of granting permits in individual cases for participation of children in activities such as artistic performances. Permits so granted must place limits on the number of working hours during which, and prescribe the conditions in which, such employment or work is allowed. The Committee notes the absence of information in the Government’s report on this point and once again requests the Government to provide information on the system of granting individual permits for children participating in artistic performances, the working conditions established, and the number of hours for which such work is authorized.

Article 9(1). Penalties. The Committee noted that, according to section 446 of the Labour Code, any person who violates the provisions of the Labour Code shall be subject to disciplinary, administrative, civil or criminal penalties. The Committee noted the International Trade Union Confederation’s (ITUC) indication, that although employers found violating the labour law could be charged with disciplinary, financial, administrative or criminal penalties, the penalties imposed in practice were very minimal. The Committee recalled that under Article 9 (1) of the Convention, the competent authority shall provide for appropriate penalties to ensure the effective enforcement of the Convention.

The Committee notes the Government’s information that the new Criminal Code and the Code of Contraventions entered into force on 1 January 2019. The Committee notes that section 57 of the Code of Contraventions sets out fines for violations of regulations on the engagement of young persons in certain types of work, including night work, overtime work, and hazardous work. The Committee requests the Government to provide information on the number and nature of penalties imposed under section 446 of the Labour Code, including financial penalties actually collected, and on the application of section 57 of the Code of Contraventions in practice, including the number and nature of violations and the penalties imposed with respect to the employment of children.

Article 9(3). Keeping of registers. The Committee previously noted that the relevant legislation did not seem to require that a register be kept and made available by the employer. It reminded the Government that Article 9(3) of the Convention provides that national laws or the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer; such registers or documents shall contain the names and ages or dates of birth, duly certified wherever possible, of persons who are employed or work for them and who are less than 18 years of age.

The Committee notes the Government’s statement that there is no such practice of keeping of registers in Kyrgyzstan at present. The Government further indicates that this issue will be considered by a tripartite national commission. The Committee urges the Government to take the necessary measures to ensure that employers in all sectors are required to maintain a register containing the names, age (or dates of birth) of all persons under the age of 18 years whom they employ, in conformity with the requirements of the Convention. It requests the Government to provide information on the outcome of the consideration by the tripartite national commission and on any progress made in this regard.

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted that 672,000 of the 1,467,000 children aged 5–17 years in Kyrgyzstan were economically active. The Committee further noted a number of actions and initiatives undertaken under the ILO–IPEC project entitled “Combating Child Labour in Central Asia – Commitment becomes Action” (PROACT CAR Phase III), which aimed at the prevention and elimination of child labour in Kazakhstan, Kyrgyzstan and Tajikistan.

The Committee notes the Government’s indication in its report that according to the 2014-2015 national child labour survey (CLS), the number of children engaged in child labour decreased from 32.9 per cent in 2007 to 27.8 per cent (414,246 children) in 2014. The Government further highlights that the United Nations Development Assistance Framework (UNDAF) for Kyrgyzstan for the period 2018-2022 sets out a target of reduction in child labour from 27.8 per cent to 22 per cent in 2022. The Committee notes the Government’s information on the adoption of the State Programme to Support Families and Protect Children for 2018–2028, which is the Government’s central policy document on the protection of children, including working children. The Committee further notes the adoption of the Regulations on the Procedure for Identifying Children and Families Living in Difficult Circumstances in 2015. Section 7 of the Regulations provides for measures on the detection and protection of children involved in child labour, including workplace inspections and assessment of working conditions of children. The Government indicates the establishment of a Coordination Council for Social Protection and Children’s Rights in 2015, which also examines issues relating to the prevention and elimination of child labour. The Committee notes the Government’s statement that under the ILO’s International Programme on the Elimination of Child Labour (ILO-IPEC), in the period 2013–19, more than 2,000 children and families received direct services assistance (including medical and legal services, food, school supplies, education and professional training) which prevented or removed over 1,000 children from being engaged in child labour. The Committee takes due note of a number of awareness-raising and educational activities undertaken by the Government with the support of ILO–IPEC to ensure prevention and protection against child labour. While noting the measures taken by the Government, the Committee requests it to pursue its efforts to ensure the reduction of the number of children working under the minimum age (16 years). The Committee also requests the Government to provide information on the results achieved in terms of progressively eliminating child labour, in particular, within the framework of the State Programme to Support Families and Protect Children for 2018–2028.

Article 2(1). Scope of application and labour inspection. The Committee previously noted that the Labour Code, by virtue of its section 18, applies to the parties involved in contractual labour relations, that is the worker and the employer. The Committee noted, however, that the overwhelming majority of child labourers (96 per cent) worked in agriculture or home production, and in terms of work status, the overwhelming majority (95 per cent) were unpaid family workers. The Committee requested the Government to ensure the protection of self-employed children, children in the informal economy and children working on family farms, including by strengthening the labour inspection.

The Committee notes the Government’s indication that the authorities of the Procurator-General’s Office that are responsible for the implementation of labour legislation have identified during inspection visits the cases of the unlawful engagement of minors in work, including work that is harmful for their health and morals (for example, sale of alcoholic drinks, loading and unloading heavy goods, work at night-time or during school hours). The Government also indicates the positive results of the Child Labour Monitoring System (CLMS) introduced with support from the ILO-IPEC Project for Action against Child Labour in Central Asian Countries (PROACT-CAR) in three pilot districts with respect to identification and providing social support to children engaged in child labour, including those working on family farms and in the informal economy. However, the Committee notes from the Government’s report to the Committee on the Rights of the Child of November 2019, that according to the Law on the Procedure for Conducting Inspections of Entrepreneurship Entities of 25 May, 2007 No. 72, labour inspectors are not entitled to carry out unannounced inspections for an employer who intends to violate the rights of working children, since an employer shall be warned in writing about the inspection at least 10 days in advance. The Committee further notes the Government’s indication that the Government Decision No. 586 of 17 December 2018 has introduced a temporary prohibition (moratorium) on business inspections and that the issue on strengthening the labour inspection will be examined in 2021 within the framework of a National Tripartite Commission. The Committee further notes from the 2014-2015 CLS that 96.2 per cent of working children tend to be concentrated in agriculture, while a vast majority of children work as unpaid family workers (92.7 per cent). The Committee requests the Government to continue its efforts to ensure the protection of children in the informal economy and children working on family farms. Referring to its comments made under the Labour Inspection Convention, 1947 (No. 81), the Committee urges the Government to strengthen the functioning of the labour inspectorate in order to enable it to effectively enforce specific legislative provisions giving effect to the Convention and to provide information in this regard. It also requests the Government to provide information on the establishment of CLMS in additional districts in the country.

Article 7. Light work. The Committee previously noted that according to section 18 of the Labour Code, pupils who have reached the age of 14 years may conclude an employment contract with the written consent of their parents, guardians or trustees to perform light work outside school hours, provided that it does not harm their health and does not interfere with their education. The Committee noted that according to sections 91 and 95 of the Labour Code, the working hours for workers aged 14–16 years shall not exceed 24 hours per week, and daily working hours shall not exceed five hours. The Committee further noted that, among non-working children aged 7–17 years, the school attendance rate was estimated to be 97.4 per cent, compared to 94.5 per cent among working children aged 7–17 years, with the difference mainly resulting from the lower school attendance of older working children.

The Committee notes from the 2014-2015 CLS that in 2014, among working children aged 7–17 years, the estimated school attendance rate was 90.4 per cent. The 2014-2015 CLS further indicates that 24.8 per cent of schoolchildren aged 6 years (9,795 children) are working children, whereas 39.5 per cent of schoolchildren aged 7-13 years (318,590 children) are in employment. In addition, according to the 2014-2015 CLS, the average working hours for children aged 14–16 years is 33.6-hour per week, which is beyond the 24-hour limit set out by section 91 of the Labour Code. The Committee notes the Government’s indication that the list of the activities in which light work by children aged 14–16 years may be permitted has not been determined and that this issue will be considered by a tripartite working group on the improvement of legislation which was established by a Directive of the Ministry of Labour and Social Development in May 2019. The Committee urges the Government to take the necessary measures to ensure that children under 14 years of age are not engaged in work or employment. The Committee requests the Government to ensure that the working hours of children aged 14–16 years do not exceed the limits established by section 91 of the Labour Code. The Committee further requests the Government to take the necessary measures to determine light work activities permitted for children aged 14–16 and to provide information on developments in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee notes the observations made by the Kyrgyzstan Federation of Trade Unions (KFTU), received on 30 September 2020. The KFTU submits that a new Law on Trade Unions was adopted in 2019, which violates the national Constitution and the Convention, as well as the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), as it regulates in detail the internal functioning of unions. The KFTU alleges acts of interference by the authorities during the process of developing and adopting the new Law and that workers’ and employer’s organizations were not consulted with regard to its development and submission to Parliament (paragraph 5 (c) of Recommendation No. 152). The KFTU maintains that, following the opposition of the workers’ organizations and sectors of the civil society and recommendations from different international organizations, including the ILO, on 30 April 2020, the draft law was returned for a second reading before the Parliament. The Committee requests the Government to provide its comments in this regard.

Articles 2 and 5 of the Convention. Effective tripartite consultation. In its previous comments, the Committee requested the Government to provide information on the activities of the National Tripartite Commission which ensure effective consultations with respect to the matters covered by the Convention. It also requested the Government to provide detailed information on the content and outcome of the consultations held on each of the matters concerning international labour standards covered by Article 5(1) of the Convention. The Government reports that, since the change in leadership of the Ministry of Labour and Social Development in October 2018, two meetings of the National Tripartite Commission have been held. During these meetings, priority areas were set, including on labour law reforms in 2019 and 2020, as well as for future cooperation with the ILO. The Government adds that, in accordance with the National Plan of Action on Gender Equality 2018-20, an interagency group made up of representatives of workers’ organizations and different ministries was established to develop a road map for the possible ratification of the Maternity Protection Convention, 2000 (No. 183). The Government does not indicate whether or not employers’ organizations were also consulted in this context. The Government further indicates that a regional meeting, led by the KFTU, was held in July 2018 with the participation of the ILO, the International Trade Union Confederation (ITUC) and trade union leaders from countries of the Eastern Europe and Central Asia region. During the regional meeting, the participants agreed to implement a set of initiatives with a view to promoting the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), including submitting the instrument to Parliament for review and adoption of measures for its implementation; integrating peace and resilience issues in general trade union activities; and incorporating provisions of Recommendation No. 205 in the General Agreement between the Government, the workers ‘organizations and the employers’ organizations. The Government indicates in this regard that, pursuant to Government Directive No. 12-r of 18 January 2017, a General Agreement for 2017-19 was concluded between the Kyrgyz Government, the KFTU and the national employers’ organizations. The Committee notes, however, that the Government does not provide the detailed information requested on the content and outcome of tripartite consultations on each of the matters concerning international labour standards covered under Article 5 (1) of the Convention. The Committee therefore once again requests the Government to provide detailed, concrete information on the content and outcome of tripartite consultations held on all matters relating to international labour standards covered by Article 5 (1) of the Convention, relating to: questionnaires on Conference agenda items (Article 5(1)(a)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); and reports to be presented on the application of ratified Conventions (Article 5(1)(d)). The Committee also requests the Government to indicate whether and the manner in which employers’ organizations were consulted with regard to the possible ratification of Convention No. 183.

Article 4(2). Training. In reply to the Committee’s previous comments, the Government reports that the trainings contemplated under this Article of the Convention are delivered at the request of the social partners, but that lengthy training courses are funded by the ILO. The Committee requests the Government to provide detailed updated information on the arrangements made or envisaged for the financing of training requested by participants in the consultative procedures provided for under the Convention.

Article 5(1)(b). Submission to the national competent authority. The Committee refers to the comments it has been making for several years on the obligation to submit instruments adopted by the Conference to the national competent authority. It recalls that Convention No. 144 goes beyond the obligation of submission set out in article 19 of the ILO Constitution, in that it requires governments to consult the representative organizations of employers and workers before finalizing proposals to be submitted to the national competent authority concerning the instruments adopted by the Conference. The Committee notes that the Government does not provide information on tripartite consultations held on the proposals to be made to the national competent authority in connection with the submission of the 42 instruments adopted by the International Labour Conference at 21 sessions held from 1992 to 2017. The Committee refers to its 2016 observation on the obligation of submission and requests the Government to provide detailed updated information on the content and outcome of tripartite consultations held with regard to the submission to the competent national authority of outstanding international labour instruments.

In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages member States to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to continue to provide updated information in its next report on the impact of the measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to reinforce the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.

Articles 2, 3 and 5. National policy on nursing services and nursing personnel. Consultation. In its previous comments, initially made in 2017, the Committee requested the Government to provide updated information on the practical implementation of the national “Programme for the development of nursing 2012–16”, its impact and any follow-up action envisaged. It also requested the Government to clarify whether and how representative organizations of nursing personnel had been associated with the preparation of the programme and other measures giving effect to the provisions of the Convention. The Committee notes with interest the information provided in the Government’s report in relation to the adoption of the Nursing Development and Education Programme in Kyrgyzstan 2019–23 whose objective is to provide training to and strengthen the role of nursing specialists in providing health care to the population. The Programme contemplates, among other measures, the establishment of contemporary nursing practices, as well as the integration of nursing personnel, both in vocational training and in nursing education and practical healthcare. The Committee welcomes the Government’s indication that the representative organizations of nursing personnel participated in the development of the Programme as well as in the realization of studies on nursing. The Government adds that the monitoring and evaluation of the Programme’s implementation will be carried out by the Ministry of Health, the Ministry of Education and Science, the Association of Nursing Specialists of Kyrgyzstan, the Association of Groups of Family Doctors and Family Nurses, and the Association of Medical Colleges of Kyrgyzstan. In addition, the Committee notes the adoption in January 2019 of the Program of the Kyrgyz Republic Government on Public Health Protection and Health Care System Development for 2019–30 “Healthy Person – Prosperous Country”, developed through an inclusive process and with support from the World Health Organization (WHO). According to the Program, it is the fourth such strategic document developed and defines major lines for further healthcare system development and the protection of the public health, aligned with other national policies, such as the National Development Strategy (2018–40). The Program’s objectives include protecting health and strengthening primary healthcare, in pursuit of universal health coverage (UHC) by 2030. The Committee notes that the Program calls for the active participation of stakeholders at all levels of the health system and in all regions of the country, to better ensure ownership of the Program and its successful implementation. Key objectives include reforming nursing education in accordance with new requirements and needs in the healthcare sector. To this end, the Program provides for the development and implementation of a nursing education reform strategy, as well as for the development of the competencies of nursing specialists and those of all specialists with secondary medical education (such as midwives and paramedics). The Committee notes the persistent challenges faced by the public health system, described in the Program, which include insufficient material and financial resources, as well as the lack of required competencies. According to the Program document, while a sufficient number of public health specialists graduate annually from the universities, there is always a workforce shortage as young specialists are not interested in working in their area of specialization, while experienced specialists are in high demand in Commonwealth of Independent States (CIS) and non-CIS countries, particularly in the private health sector. In this respect, the Committee also notes that the Program’s goals include making the healthcare system attractive for nurses, as well as for other health sector professionals. The Committee requests the Government to provide detailed updated information on the nature and impact of the measures taken or envisaged to facilitate retention of the nursing workforce through provision of remuneration packages and career prospects designed to attract them to the profession and retain them in it. It also requests the Government to provide updated detailed information on the nature, implementation, monitoring and impact of the measures adopted, to ensure that nursing personnel, including midwives, are provided with quality education and training appropriate to the exercise of their functions as well as to their professional career development. The Committee further requests the Government to provide a copy of the Nursing Development and Education Programme in Kyrgyzstan 2019–23, as well as copies of new normative or policy documents that may be developed under the relevant health sector programmes in the near future.

Article 7. Occupational safety and health. The Committee notes from the COVID-19 Health System Response Monitor developed jointly by the WHO, the European Commission and the European Observatory on Health Systems and Policies, that the Government has taken a range of measures to ensure that the country can count on a sufficient physical infrastructure and workforce capacity to support an effective response to the COVID-19 outbreak. In particular, the Committee notes measures taken to provide training to health workers on the basis of national clinical guidelines on COVID-19 (Order No. 173 to approve interim clinical guidelines on COVID-19 of 20 March 2020) as well as the establishment of premiums for healthcare workers, including nursing personnel, who are engaged in the treatment of coronavirus patients, paid in addition to their regular salaries. Against this backdrop, the Committee wishes to draw the attention of the Government to Paragraph 49 of the Nursing Personnel Recommendation, 1977 (No. 157), which provides that: “(1) all possible steps should be taken to ensure that nursing personnel are not exposed to special risks. Where exposure to special risks is unavoidable, measures should be taken to minimise it; (2) measures such as the provision and use of protective clothing, immunisation, shorter hours, more frequent rest breaks, temporary removal from the risk or longer annual holidays should be provided for in respect to nursing personnel regularly assigned to duties involving special risks so as to reduce their exposure to these risks; (3) In addition, nursing personnel who are exposed to special risks should receive financial compensation.” The Committee recalls that nursing personnel who, due to the specific characteristics of their work must be in close physical contact with their patients, are at high risk of being infected while treating patients with suspected or confirmed COVID-19, especially where infection control precautions, including the use of personal protective equipment (PPE), are not strictly practised. The Committee therefore requests the Government to provide detailed updated information on the nature and impact of safety measures taken or envisaged, including the provision of PPE and training in its correct use, as well as provision of adequate rest breaks during workers’ shifts and limitations on excessive hours wherever possible, with a view to protecting the health and well-being of nurses during the COVID-19 pandemic and in future crises.

Part V of the report form. Application in practice. The Committee requests the Government to provide updated detailed information on the application of the Convention in practice, including statistical data disaggregated by sex, age and region concerning: the ratio of nursing personnel to the population; the number of persons enrolled in nursing schools; the number of female and male nurses who enter and leave the profession each year; the organization and the operation of all institutions which provide healthcare services; as well as official studies, surveys and reports addressing health workforce issues in the Kyrgyzstani health sector.

Article 4 of the Convention. Social security agreements. In its previous comments, the Committee requested the Government to indicate the countries with which Kyrgyzstan is participating in schemes for the maintenance of rights in course of acquisition as well as the bilateral or multilateral agreements concluded in accordance with Article 4 of the Convention. The Committee takes note of the information provided by the Government in its report on article 98 of the Treaty on the Eurasian Economic Union (which includes Kyrgyzstan, Belarus, Kazakhstan and the Russian Federation), according to which social security (social insurance), except pensions, for workers from Member States and members of their families is provided under the same conditions and in the same way as for citizens of the State of employment. The Government also specifies that the work experience (insurance) of workers from Member States is included in the total work experience (insurance) for the purpose of social security, except pensions, in accordance with the law of the State of employment. The Committee further notes that pensions for workers from Member States and members of their families are regulated by the law of the State of permanent residence, as well as by separate international agreements between Member States that are currently being developed. Recalling that the objectives of the Convention is to ensure the maintenance of rights in course of acquisition and acquired rights in social security, as well as the provision of benefits abroad, the Committee requests the Government to keep it informed of any evolution with regards to implementing the provisions of the Convention by way of concluding bilateral or multilateral social security agreements, in particular with the countries which are members to the Convention.

Article 6 of the Convention. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s information that the Ministry of Labour and Social Development has prepared a draft Government Decree approving the draft 2020–2024 Action Plan to Prevent and Eliminate the Worst Forms of Child Labour in Kyrgyzstan elaborated with support from ILO-IPEC. The Committee requests the Government to provide information on developments in this respect.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the information in the UNESCO Global Monitoring Report of 2012 that in 2010 there was approximately 18,000 out-of-school children of primary school age, which represented a significant drop from the 34,000 out-of-school children in 1999. However, the Committee also noted the information from ILO–IPEC that a 2012 study on school non-attendance in the southern part of the country indicated that over one third of the interviewed school age children did not attend school, or regularly missed classes, and that child labour was among the main reasons for school non-attendance.

The Committee notes the information provided by the Government that the Ministry of Education and Science, together with local self-government bodies, monitor the number of school-age children every year. In particular, in May 2019, it was identified that 2034 children did not attend school due to personal, social and economic reasons. The Government also indicates the adoption of the Instructions on the procedure for recording children of school and pre-school age which have introduced an updated system for monitoring school non-attendance. The Committee further takes note of various measures mentioned by the Government aimed at ensuring better access to education (for example, issuing of a manual for teachers on integrating working children into the school education system, as well as the issuing of the 2015 Regulations on additional (non-formal) education of children). The Committee requests the Government to continue to take measures aimed at facilitating access to free basic education to children and ensuring their attendance in school. It further requests the Government to provide information on the results achieved in this regard, including statistical data on school attendance and school drop-out rates.

Clause (d). Identifying and reaching out to children at special risk. Children from poor families. The Committee previously noted the Government’s statement that the Ministry of Social Development had funded 38 projects on the theme of preventing parental deprivation and the exploitation of child labour, 14 of which concerned child labour. The Committee also noted the Government’s indication that through the project to establish child labour free zones, implemented by the Trade Unions of Education and Science Workers of Kyrgyzstan (TUESWK), 50 families with children who were compelled by difficult social and economic circumstances to work had been provided with support. The Government indicated that through the project, 40 working children had been identified, as well as an additional 60 children who are at risk of engagement in the worst forms of child labour.

The Committee notes the Government’s indication on the adoption of the State Programme to Support Families and Protect Children for 2018–2028 aimed at developing family wellbeing, creating conditions for economic stability of families, and providing appropriate standards of living and quality of life, in particular, to children and families living in difficult circumstances. The Government further indicates that 40 parents and adult members of families living in difficult circumstances were trained in the basics of running business and business promotion under the ILO’s Start and Improve Your Business (SIYB) Programme. The Government highlights that the Ministry of Labour and Social Development is considering expanding the provision of such a social service under the Act on State Social Services Procurement of 28 April 2017 No.70. In addition, in 2018–2019, together with the ZhIA Business Association, and with support from ILO-IPEC, an analysis of the market systems and value chains in the cotton, walnut and bean sectors was conducted. The objective of the analysis was to define a strategy to engage families in productive employment and to expand their economic opportunities, so as to prevent and eliminate child labour and its worst forms. The Committee requests the Government to continue to provide information on the measures taken to prevent children from poor socio-economic families from being engaged in the worst forms of child labour.

Street children. In its previous comments, the Committee noted that the number of street children forced into prostitution, begging and casual work was on the rise. It noted the information from the United Nations Development Programme that there was approximately 15–20,000 street and working children in the country, including 2,000 such children in Bishkek City. The Committee further noted that the Committee on the Rights of the Child, in its concluding observations, expressed concern about the difficult situation of certain groups of children in the country, particularly street children and working children, as they are particularly vulnerable to all forms of exploitation (CRC/C/OPSC/KGZ/CO/1, paragraph 27).

The Committee notes from the Government’s report on the application of the Minimum Age Convention, 1973 (No. 138), that from 2–4 April 2019, a preventative operation entitled “Vagrant” was carried out in Kyrgyzstan. To identify street children, the officials from internal affairs agencies, together with representatives of educational bodies and child protection agencies, checked retail centres and markets, computer and Internet clubs, basements and heating pipelines, airports and railway stations, and other places. As a result of the operation, 307 street minors were identified. 10 of 307 street minors were sent to children’s homes, 15 to social centres, 107 to the Youth Offending Prevention Centre of the Ministry of Internal Affairs, and the remaining 149 minors were handed over to parents. In addition, 59 working children were identified, 18 of whom were engaged in the worst forms of child labour. The Committee further notes that according to the Code on children of 2012 street children are considered as children living in difficult circumstances (section 5), and shall be provided with social assistance measures. As per the Regulations on the Procedure for Identifying Children and Families Living in Difficult Circumstances of 2015, officials of competent authorities for child protection identify and assess the situation of children living in difficult circumstances, including street children, develop an individual child protection plan with appropriate social assistance measures, and monitor its implementation. The Committee requests the Government to continue to provide information on the measures taken to protect street children from the worst forms of child labour, and the results achieved, including the number of identified street children and the types of social assistance provided.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously noted the information from ILO–IPEC that the Ministry of Foreign Affairs was developing a National Action Plan Against Human Trafficking for 2012–15. The Committee further noted the information from the report of the UN Special Rapporteur on violence against women, its causes and consequences, that trafficking of women and children for sexual exploitation and forced labour continued to be a problem in the country (A/HRC/14/22/Add.2, paragraph 33). The Committee expressed its concern at the lack of data on the prevalence of child trafficking in Kyrgyzstan, as well as reports of the prevalence of this phenomenon in the country.

The Committee notes the Government’s indication in its report regarding the adoption of the Government Programme and the Action Plan to Combat Trafficking in Persons for 2017–2020 (the Action Plan for 2017–2020) aimed at improving the regulatory and legal framework, strengthening interdepartmental and international cooperation, and prevention and protection of victims of trafficking in persons. The Government further indicates that to implement the Action Plan for 2017–2020, the Office of the Ombudsman has established a working group of representatives of relevant ministries and departments to monitor the rights of children subjected to sale and exploitation. In particular, the Government specifies that based on the results of the monitoring undertaken in July-September 2019 with support from the ILO Programme to Assist Kyrgyzstan in Ratifying and Applying International Labour Standards and Fulfilling Reporting Obligations, it is planned to develop recommendations on preventing and combating trafficking of children. The Committee further notes that the criteria for identifying child victims of trafficking and the instructions on social rehabilitation of child victims of trafficking were adopted by the Government Decree No. 493 of 19 September, 2019 with the support of the International Organization for Migration (IOM) and the ILO. The Committee notes the statistical data provided by the Government that under section 124 of the Criminal Code of 1997 (prohibition of trafficking in persons), the courts examined 15 cases which resulted in 12 convictions in 2014–2017. The Committee further notes that the new Criminal Code entered into force on 1 January 2019. Section 171(1) of the Criminal Code of 2019 prohibits trafficking in persons whereas subparagraph 2, paragraph 2 of section 171 and subparagraph 3, paragraph 3 of section 171 specify that trafficking of children is an aggravated offence. The Committee requests the Government to continue to take measures, particularly within the framework of the Action Plan for 2017–2020 to prevent and combat trafficking of children and to provide information on the results achieved. The Committee further requests the Government to supply statistical data on the application of section 171 of the Criminal Code in practice in cases of trafficking of children for the purpose of labour or sexual exploitation, including the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Clause (b). Use, procuring or offering of children for prostitution. In its previous comments, the Committee noted that sections 260 and 261 of the Criminal Code of 1997 make enticement into prostitution an offence. The Committee, however, noted that the Committee on the Rights of the Child (CRC), in its concluding observations, expressed concern that in a number of cases of child prostitution, investigations and prosecutions had not been initiated, and that child victims might be held responsible, tried and placed in detention (CRC/C/OPSC/KGZ/CO/1, paragraphs 17 and 21). The Committee also noted the information in the Report of the UN Special Rapporteur on violence against women, its causes and consequences, that adolescent girls in the country are particularly vulnerable to commercial sexual exploitation in urban areas, with the majority of the girls involved coming from rural areas (A/HRC/14/22/Add.2, paragraph 35).

The Committee observes from the 2018 Analytical report on study of judicial practice regarding offences involving trafficking in persons in Kyrgyzstan carried out by the United Nations Office on Drugs and Crime (UNODC), that in 2015–17, the courts examined six cases under section 260 (3) of the Criminal Code of 1997 (prohibition of enticement of a minor into prostitution) which involved six victims aged 14–18 years. Concerning section 261(3) of the Criminal Code of 1997 (prohibition of organization or maintenance of dens for prostitution with the involvement of a minor), the courts examined three cases in 2014–17. The Committee notes the Government’s information that the new Criminal Code of 2019 includes section 166(2)(1) which prohibits the involvement of a minor into prostitution. The Committee further notes that section 167(2) of the Criminal Code of 2019 sets out a category VI fine or category II imprisonment for the organization or maintenance of dens for prostitution or procuring for debauchery or pimping with the involvement of persons who knowingly have not reached the age of 16 years. Recalling that all persons under the age of 18 are covered by the scope of the Convention, the Committee urges the Government to ensure that section 167(2) of the Criminal Code of 2019 covers children between the age of 16 and 18 years. Noting the absence of the legislative provisions specifically criminalizing clients who use children under 18 years of age for the purpose of prostitution, the Committee urges the Government to take the necessary measures to ensure compliance with the Convention on this point. It further requests the Government to provide information on the application of sections 166(2)(1), and 167(2) of the Criminal Code of 2019 in practice, including the number of investigations, prosecutions, convictions and types of sanctions applied as well as the number and age of minors used for prostitution.

Clause (d) and Article 4(3). Hazardous work and revision of the list of hazardous types of work. Children working in agriculture. The Committee previously noted that the use of hazardous child labour in the agricultural sector was widespread, particularly in tobacco, rice and cotton fields, and that in rural areas, regulations prohibiting children from engaging in such work were not strictly enforced. The Committee noted the Government’s statement that work in the fields was one of the forms of child labour targeted by the Programme of Action by the Social Partners for the Elimination of the Worst Forms of Child Labour. The Committee also noted the continued implementation of a project aimed at eradicating hazardous child labour in the tobacco industry, developed by a non-governmental organization and carried out by trade union workers in the agro-industrial sector. In addition, the Committee noted the information from ILO–IPEC that, through the project entitled “Combating Child Labour in Central Asia – Commitment becomes Action (PROACT CAR Phase III)”, action had been taken to address hazardous child labour in agriculture.

The Committee notes the Government’s indication that the draft list of hazardous work prohibited to children under the age of 18 years has been submitted to ministries, departments and social partners for agreement. The Government further indicates that the draft list includes significantly expanded types of dangerous and harmful working conditions in agriculture The Government also indicates a project “The Elimination of Child Labour in Tobacco” implemented by the NGO “Alliance for the Protection of Children’s Rights”, together with the Central Committee of the Trade Union of Workers in the Agro-Industrial Complex, with support from the Elimination of Child Labour in Tobacco Foundation, and the Ministry of Labour and Social Development. The Committee notes that according to the 2014-2015 national child labour survey (CLS), a majority of working children tend to be concentrated in agriculture (96.2 per cent). The Committee further notes that according to a Multi Indicator Cluster Survey conducted by the National Statistics Committee with support from the UNICEF, the number of children involved in hazardous work had fallen from 15.2 per cent in 2014 to 11.7 per cent in 2018. The Committee requests the Government to continue to take the necessary measures ensuring that persons under 18 years of age are protected against hazardous work, particularly in the cotton, tobacco and rice-growing sectors, and to provide information on the results achieved. The Committee also requests the Government to ensure that the list of types of hazardous work prohibited to children under 18 years of age is adopted in the near future.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking in children. The Committee previously noted a disparity between the number of trafficking victims identified and the number of victims receiving assistance. The Committee noted the information from the IOM that it was implementing a project entitled “Combating Trafficking in Persons in Central Asia: Prevention, Protection and Capacity Building” in the country from 2009–12, which includes awareness raising and assistance for victims. The Committee also noted the implementation in Kyrgyzstan of the Joint Programme to Combat Human Trafficking in Central Asia of the ILO, the United Nations Development Programme and the UNODC under the UN Global Initiative to Fight Human Trafficking, which includes support for the development of national referral mechanisms established between law enforcement agencies and civil society organizations.

The Government refers in its reply to the IOM data indicating that in 2002–18, the IOM identified and provided assistance to approximately 2,500 victims of trafficking in persons, including children. The Government further indicates that within the framework of ILO-IPEC support, in 2013–19, more than 2000 children and families received direct assistance services, including medical and legal services, food, school supplies, and vocational trainings. The Government further refers to the adoption of the Regulations on the Procedure for Identifying Children and Families Living in Difficult Circumstances in 2015 which include social support measures for children engaged in the worst forms of child labour (section 7). The Committee notes that the instructions on the social rehabilitation of child victims of trafficking of 2019 provide for psychological, medical, legal and rehabilitation assistance. The Committee further observes that the Government Decree of March 5, 2019 No. 101 has adopted regulations on the organization of shelters for victims of trafficking in persons for the provision of medical, psychiatric, social, and legal assistance as well as support in establishing contacts with relatives or legal representatives. The Committee requests the Government to pursue its efforts to provide the necessary direct assistance to child victims of trafficking, and to ensure their rehabilitation and social integration. It further requests the Government to provide information on the results achieved in this regard, including on the establishment and operation of specialized shelters for victims of trafficking in persons and the number of persons under the age of 18 who have benefited from rehabilitation and social integration assistance.

The Committee is raising other matters in a request addressed directly to the Government.

Comments adopted by the CEACR: Kyrgyzstan

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A. Protection against specific risks

Guarding of Machinery Convention, 1963 (No. 119)

B. Protection in specific branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

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Comments adopted by the CEACR: Kyrgyzstan

Display the list by:

ADOPTED_BY_THE_CEACR_IN 2022

C124 - CMNT_TITLE

ADOPTED_BY_THE_CEACR_IN 2021

C087 - CMNT_TITLE

C087 - CMNT_TITLE

C098 - CMNT_TITLE

C160 - CMNT_TITLE

ADOPTED_BY_THE_CEACR_IN 2020

C017 - CMNT_TITLE

C029 - CMNT_TITLE

C032 - CMNT_TITLE

C081 - CMNT_TITLE

C081 - CMNT_TITLE

C097 - CMNT_TITLE

C100 - CMNT_TITLE

C105 - CMNT_TITLE

C111 - CMNT_TITLE

C120 - CMNT_TITLE

A. Protection against specific risks

Guarding of Machinery Convention, 1963 (No. 119)

B. Protection in specific branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

C131 - CMNT_TITLE

C138 - CMNT_TITLE

C138 - CMNT_TITLE

C144 - CMNT_TITLE

C149 - CMNT_TITLE

C157 - CMNT_TITLE

C182 - CMNT_TITLE

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