Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Kyrgyzstan (Ratification: 2007)

In its previous comments, the Committee noted the observations from the Kyrgyzstan Federation of Trade Unions (FPK), received on 30 September 2020, in which it expressed concern regarding the draft Law on Trade Unions developed by several members of Parliament and tabled in April 2019. The FPK alleged that the Law was not compatible with national law or with the ILO freedom of association instruments. In its comments responding to these observations, the Government indicates that, in consultation with the relevant ministries and agencies, it had issued findings noting that the draft Law contradicted national law, including the Constitution of Kyrgyzstan, in a number of ways, and that it was also incompatible with the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). The Government indicates that it has requested the preparation of an agreed draft Law that is compatible with national law and with Kyrgyzstan’s international obligations. In this context, the Committee refers to its 2021 comments on the application of 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), in which it examined the concerns expressed by the FPK under those Conventions. In its comment under Convention No. 98, the Committee noted the Government’s indication that the President of the Republic of Kyrgyzstan had vetoed the draft law on three occasions. The Committee also noted with interest the labour legislation evaluation process undertaken by the Ministry of Labour and Social Development pursuant to Presidential Order No. 26 of 8 February 2021, with the aim of bringing the labour legislation into conformity with the Convention. The Committee requests the Government to provide updated information on progress made in this regard.

Articles 2 and 5 of the Convention. Effective tripartite consultations. The Committee notes the Government’s indication that, due to the COVID-19 pandemic and the conflict within the trade union association between the former and the newly elected leadership, the National Tripartite Commission was not able to meet for an extended period. The Government nevertheless indicates that the Ministry of Health and Social Development (the successor to the former Ministry of Labour and Social Development) has invited representatives of the social partners on an ongoing basis, to discuss issues relating to labour and social protection. In this respect, the Government reports that, following tripartite consultations, it was agreed to take the necessary measures to ratify the Maternity Protection Convention, 2000 (No. 183). The Government indicates that, on 11 March 2021, via letter No. 18-6/1414, the Ministry sent the draft Act ratifying Convention No. 183, to the relevant ministries and governmental agencies as well as to the social partners for their review. During the review process, however, the Ministry of Economy and Finance announced that the country was not currently ready to ratify the Convention. The Government adds that, once the current issues precluding ratification are resolved, measures will be taken to ratify Convention No. 183. The Committee observes, however, that the report once again fails to 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 and updated 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)).

Article 4(2). Training. In reply to its previous comments, the Government reiterates that training takes place as needed at the request of the social partners, although lengthy training courses are funded by the ILO. Noting that the Government does not provide detailed updated information on the specific arrangements made or envisaged for the financing of training requested by participants in the consultative procedures provided for under the Convention, the Committee reiterates its request in this regard.

Article 5(1)(b). Submission to the national competent authority. The Committee notes that the Government does not provide specific information on the content and outcome of the tripartite consultations held on the proposals to be made to the national competent authority in connection with the submission of the 43 instruments adopted by the International Labour Conference at 22 sessions held from 1992 to 2019, which are still pending submission. In this regard, the Committee once again recalls that ILO Member States have a constitutional obligation to submit instruments adopted by the Conference to the national competent authority. It further 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 therefore 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.