Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Kyrgyzstan (Ratification: 1992)

The Committee takes note of the observations of the International Trade Union Confederation (ITUC) and the Kyrgyzstan Federation of Trade Unions (FPK) received on 16 and 30 September 2020, respectively. The Committee notes that the ITUC and the FPK express their concern at the provisions of the draft Law on Trade Unions, which had been initiated by several members of Parliament and passed the second reading. According to both organizations, the draft law establishes a single trade union system, regulates in detail the organizational detail and functioning of trade unions and sets out broad criteria for dissolution of trade union organizations. Furthermore, the ITUC and the FPK allege reprisals against FPK leaders and interference in FPK financial activities thereby paralyzing its work. The Committee requests the Government to provide its comments thereon.

In the absence of supplementary information from the Government, the Committee reiterates its comments adopted in 2019 and reproduced below.

The Committee takes note of the draft Law on Trade Unions. It notes with  concern  that in addition to regulating in detail the internal functioning of unions by imposing excessive mandatory requirements for trade union by-laws and elections, it imposes a trade union monopoly. The Committee notes the Government’s indication that it has prepared, for submission to Parliament, its comments on the draft Law outlining provisions, which, in its opinion, are not in conformity with national legislation and the Constitution and international labour standards.  The Committee requests the Government to make every effort to ensure that the Law on Trade Unions when adopted is in full conformity with the Convention and to provide information on all developments in this regard. The Committee further requests the Government to ensure that the social partners are fully consulted in the process of adoption of legislation affecting their rights and interests.

The Committee reminds the Government of the possibility to avail itself of ILO technical assistance.

The Committee is raising other matters in a request addressed directly to the Government, which reiterates the content of its previous request adopted in 2019.