Worst Forms of Child Labour Convention, 1999 (No. 182) - Kyrgyzstan (Ratification: 2004)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee notes the observations of the Kyrgyzstan Federation of Trade Unions (FPK), received on 1 November 2022.

Article 6 of the Convention. Programmes of action to eliminate the worst forms of child labour. The Committee notes the information provided by the Government in its report regarding the elaboration of a draft Program for Protection of Children for 2023–26 and a plan for its implementation. The Committee further notes that the draft plan envisages measures to ensure the identification of children involved in the worst forms of child labour and to provide them with social support. The Committee requests the Government to provide information on the adoption and implementation of the Programme for Protection of Children for 2023–26, including the concrete measures taken and the results achieved with respect to the elimination of the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clauses (a) and (d). Preventing the engagement of children in the worst forms of child labour and children at special risk. Children from poor families. The Committee notes the Government’s indication that in 2021, 1,308 children and their families living in difficult circumstances received State social support services. The Government further indicates that the territorial subdivisions of the Ministry of Labour, Social Security and Migration regularly monitor children not attending compulsory school and take measures to return them to school based on the 2015 Regulations on the Procedure for Identifying Children and Families Living in Difficult Circumstances. In particular, it was identified that 163 children did not attend school in the first half of 2022 and 85 children out of 163 were subsequently returned to school.

The Committee observes that the United Nations Special Rapporteur on extreme poverty and human rights, in his statement of 3 June 2022, pointed out the existing financial, physical and administrative obstacles that prevent the poorest children from accessing schooling. Furthermore, according to the statement of 15 April 2022 of the United Nations Working Group on discrimination against women and girls, children who are at risk of dropping out from school come from socially disadvantaged families. The Committee also observes the increase in the child poverty rate from 25.7 per cent (660,800 children) in 2019 to 31.8 per cent (833,900 children) in 2020 according to the 2022 UNICEF report “Situation of Children in Kyrgyzstan”. The Committee requests the Government to continue to take effective and time-bound measures to prevent children from poor socio-economic families from being engaged in the worst forms of child labour and to facilitate access to free basic education to these children. It further requests the Government to provide information on the results achieved in this regard, including statistical data on school attendance, completion and drop-out rates.

Children in street situations. The Committee notes the information provided by the Government that 121 children in street situations were identified in the first half of 2022. The Government further indicates that children in street situations receive necessary State social support services in accordance with the individual protection plan elaborated for such children. The Committee also notes that according to the FPK, 238,339 visits were carried out by the joint commissions consisting of representatives of educational and social service agencies, the Ministry of Internal Affairs, and local authorities to identify children left without parental care. In this respect, the Committee observes from the report of the Ombudsman of Kyrgyzstan on the observance of human rights and freedoms in 2021 that children whose parents have moved either inside the country or abroad for work constitute the majority of children in the streets and are at an increased risk of experiencing violence, abuse, and child labour due to lack of care. The Committee requests the Government to continue to take effective and time-bound measures to protect children in street situations from the worst forms of child labour. The Committee requests the Government to provide information on the specific measures taken in this regard and the results achieved, including the number of identified children and the types of social assistance provided.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee notes the observations of the Kyrgyzstan Federation of Trade Unions (FPK), received on 1 November 2022.

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 notes the absence of information in the Government’s report regarding the measures and results achieved in preventing and combatting trafficking of children within the framework of the Action Plan to Combat Trafficking in Persons for 2017–2020. The Committee further notes the adoption of the Program to Combat Trafficking in Persons for 2022-2025 (the Program) and the Action Plan for its implementation by the Cabinet of Ministers’ Resolution of 15 April 2022, No. 227. As indicated in the Program for 2022-2025, the issues of detection and identification of child victims of trafficking remain a problem due to the low level of knowledge of public officials about the specifics of the identification procedures. The Committee also observes that the Action Plan for 2022-2025 provides for measures to guarantee the rights and interests of child victims of trafficking. The Committee further notes that according to section 167(1) of the Criminal Code adopted in 2021, trafficking of children is punishable with imprisonment of from five to eight years. The Committee requests the Government to pursue its efforts to prevent and combat trafficking of children, including by strengthening the capacity of law enforcement agencies in identifying child victims of trafficking under 18 years of age. The Committee requests the Government to provide information on the results of the monitoring and evaluation of the implementation of the Program for 2022-2025 in relation to combating trafficking of children, as stipulated in section 9 of the Program. It also requests the Government to supply statistical data on the application of section 167 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 the Criminal Code of 2019 punished the organization or maintenance of dens for prostitution or procuring for debauchery or pimping by persons, with the involvement of children who they know have not reached the age of 16 years. The Committee requested the Government to ensure that the corresponding provisions of the Criminal Code cover children between the ages of 16 and 18 years. The Committee notes with interest that the new Criminal Code adopted in 2021, in its section 160(2), read together with section 9 of the annex, punishes with imprisonment from seven to 15 years and confiscation of property, the use of children under 18 years of age in the organization or maintenance of dens for prostitution or procuring them for debauchery or pimping. The Committee further notes that section 159(3) of the Criminal Code sets out imprisonment of 10 to 15 years, with confiscation of property, for the involvement of a child under 18 years of age in prostitution. The Committee however notes once again the absence of the legislative provisions criminalizing clients who use children under 18 years of age for the purpose of prostitution. The Committee therefore strongly urges the Government to take the necessary measures to criminalize clients who use children under 18 years of age for prostitution, and to establish penal sanctions for this purpose. It further requests the Government to provide information on the application in practice of sections 159(3) and 160(2) of the Criminal Code of 2021, including the number of investigations, prosecutions, convictions, and penal sanctions applied, as well as the number and age of child victims of prostitution who are identified.

Clause (d) and Article 4(3). Hazardous work and revision of the list of hazardous types of work. Children working in agriculture. Further to its previous request to ensure the adoption of a list of types of hazardous work prohibited to children under 18 years of age, the Committee notes with satisfaction that such a list was adopted by the Government’s Decree of 13 November 2020, No. 565. The Government indicates that the list contains 579 hazardous types of work, including work in agriculture.

The Committee further notes the FPK’s observations indicating that, in 2019, 229 children under 18 years of age, including 209 boys and 20 girls, were identified as working in hazardous or arduous conditions during the 64 joint raids by law enforcement and social services agencies. The FPK also indicates that with a view to preventing children from undertaking hazardous work on tobacco plantations, measures were taken to reduce tobacco production and decrease the tobacco-growing areas. As a result, the areas under tobacco cultivation decreased from 2,000 hectares in 2014 to 400 hectares in 2019. The Committee requests the Government to continue to take the necessary measures to ensure that children under 18 years of age are protected from hazardous work, particularly in the cotton, tobacco, and rice-growing sectors. In this respect, the Committee requests the Government to ensure the effective implementation of the Government’s Decree of 13 November 2020, No. 565 issuing the list of hazardous types of work prohibited for young persons under 18 years of age, and to provide information on its application in practice, including statistics on the number and nature of violations reported and penalties imposed for engaging children under 18 years of age in hazardous work.

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. Noting the absence of information in the Government’s report, the Committee reiterates its request to 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. In this respect, the Committee once again requests the Government to provide information on the number of child victims of trafficking under the age of 18 who have benefited from rehabilitation and social integration assistance and the establishment and operation of specialized shelters for victims of trafficking in persons.

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

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

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.

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

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.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2012.

Repetition

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments.

Article 5 of the Convention. Monitoring mechanisms. The Committee previously noted that the Government was developing a child labour monitoring framework, and it requested information on the impact of this framework, once finalized.

The Committee notes the Government’s statement that during the pilot stage of the Child Labour Monitoring System (CLMS), monitoring systems were established in three districts. Eight local action committees were set up at the district level to coordinate work with regard to the introduction of the CLMS model, bringing together representatives from the Family and Child Protection Department, the Juvenile Affairs Inspectorate, family medical centres and the district education services, as well as trade unions, employers’ organizations and non-governmental organizations. The Government states that these local committees meet twice a month to discuss identified cases of child labourers and children at risk, as well as the referral of such children to the appropriate educational, social or other services. The Government further states that from October to December 2011, six monitoring groups in the three pilot districts conducted 15 monitoring visits to various locations, such as markets and fields, where child labour is prevalent. These visits resulted in the identification of 150 children involved in, or at risk of involvement in, the worst forms of child labour, who were subsequently offered educational and other services, as appropriate. The Committee encourages the Government to pursue its efforts, through the CLMS, to combat the worst forms of child labour. It requests the Government to continue to provide information on measures taken in this regard, particularly regarding the establishment of CLMS in additional districts in the country, as well as on the results achieved.

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 from UNESCO that there had been a decrease in the primary-level net enrolment rate between 1999 and 2005. However, the Committee also noted that the country was moving towards the goal of universal primary enrolment.

The Committee notes the Government’s indication that it undertook a census in the 2011–12 school year to identify children who were not attending school. The Government indicates that 1,869 children were identified, and that measures were taken to ensure their return. The Committee also notes 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 represents a significant drop from the 34,000 out-of-school children in 1999. However, the Committee also notes 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. Therefore, considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to pursue its efforts to facilitate educational access to children as well as to ensure their attendance in school. The Committee requests the Government to provide information on the concrete measures taken in this regard, and to provide statistical information on the results obtained, particularly with regard to increasing attendance rates and reducing the number of out-of-school children.

Clause (d). Identifying and reaching out to children at special risk. Poor families. Following its previous comments, the Committee notes the Government’s statement that the Ministry of Social Development 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 notes 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 are compelled by difficult social and economic circumstances to work have been provided with support. The Government indicates that through the project, 40 working children have been identified, as well as an additional 60 children at risk for engagement in the worst forms of child labour. The Committee encourages the Government to pursue its efforts to prevent children from poor socio-economic families from being engaged in the worst forms of child labour, and to continue to provide information on measures taken in this regard.

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 (2 February 2007, CRC/C/OPSC/KGZ/CO/1, paragraph 27). Noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to strengthen its efforts to protect street children from the worst forms of child labour, and to take the necessary measures to provide for their removal, rehabilitation and social integration. The Committee requests the Government to provide information on measures taken in this regard, as well as the results obtained, in its next report.

Application of the Convention in practice. Child Labour Survey. The Committee previously noted that a Child Labour Survey had been undertaken in the country, and it requested information from this report, once available.

The Committee notes the statement in the Government’s report that the Child Labour Survey indicated that out of 672,000 working children, 592,000 were performing work that was inappropriate for their age and development. In this regard, the Government states that the level of child labour in Kyrgyzstan is quite high. The Government also states that boys accounted for 57.9 per cent of children labourers in the country. The Committee requests the Government to strengthen its efforts to combat and eliminate the worst forms of child labour, and to continue to provide information on the measures taken in this regard. It also requests the Government to continue to provide any available statistical information on the prevalence of the worst forms of child labour in the country. To the extent possible, such information should be disaggregated by sex and by age.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the Kyrgyzstan Federation of Trade Unions (KFTU), received on 5 September 2018, and requests the Government to provide its comments in this respect.

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2012.

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 that section 124(1) of the Criminal Code prohibits the trafficking of persons, and section 124(2) specifies that trafficking in persons under 18 is an aggravated offence. However, the Committee noted the Government’s indication to the Committee on the Rights of the Child (CRC) that the victims of trafficking in Kyrgyzstan include women and children who were exploited in the sex industry in Turkey, China and the United Arab Emirates (May 2006, CRC/C/OPSC/KGZ/1, page 10). The Committee further noted that the CRC, in its concluding observations, expressed regret at the lack of statistical data, and the lack of research on the prevalence of national and cross-border trafficking and the sale of children (2 February 2007, CRC/C/OPSC/KGZ/CO/1, paragraph 9).

The Committee notes the information from ILO–IPEC that the Ministry of Foreign Affairs is developing a National Action Plan Against Human Trafficking for 2012–15. The Committee also notes the information from the report of the UN Special Rapporteur on violence against women, its causes and consequences, of 28 May 2010, that trafficking of women and children for sexual exploitation and forced labour continues to be a problem in the country (A/HRC/14/22/Add.2, paragraph 33).

The Committee must once again express 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, therefore, requests the Government to pursue its efforts to adopt the National Action Plan Against Human Trafficking, and to provide information on the measures taken within this framework to combat the trafficking of persons under the age of 18, once adopted. The Committee also requests the Government to take the necessary measures to ensure that sufficient data on the sale and trafficking of persons under the age of 18 is made available. In this regard, the Committee once again requests the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied for violations of section 124 of the Criminal Code. To the extent possible, all information provided should be disaggregated by sex and age.

Clause (b). Use, procuring or offering of children for prostitution. In its previous comments, the Committee noted that section 157(1) of the Criminal Code makes it an offence for a person to involve a minor in prostitution, while sections 260 and 261 of the Criminal Code make enticement into prostitution an offence. The Committee also noted the Government’s indication that the number of street children and children in risk groups forced into prostitution was rising. Moreover, the Committee noted that the 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 may be held responsible, tried and placed in detention (CRC/C/OPSC/KGZ/CO/1, paragraphs 17 and 21). The Committee expressed concern that child prostitution continues in part due to the lack of legal oversight, and that children who are the victims of commercial sexual exploitation risk being regarded as criminals.

The Committee notes the Government’s statement that prostitution is 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. However, the Committee also notes the information in the Report of the UN Special Rapporteur on violence against women, its causes and consequences, of 28 May 2010, 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). Noting the absence of information on the application in practice of the provisions of the Criminal Code relating to child prostitution, the Committee once again requests the Government to provide this information, in particular statistics on the number and nature of infringements reported, investigations, prosecutions, convictions and sanctions applied. It also requests the Government to take the necessary measures to ensure that children who are used, procured or offered for commercial sexual exploitation are treated as victims rather than offenders. Lastly, the Committee once again requests the Government to indicate whether the national legislation contains provisions specifically criminalizing the client who uses children under 18 years of age for the purpose of prostitution.

Clause (d). Hazardous work. Children working in agriculture. The Committee previously noted that section 294 of the Labour Code prohibits the employment of persons under the age of 18 years in work with harmful and dangerous conditions (including in the manufacture of tobacco) and that a detailed list of occupations prohibited for persons under 18 years had been approved. Nonetheless, the Committee 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. In this regard, the Committee noted the statement in a 2006 report of the International Confederation of Free Trade Unions (now the International Trade Union Confederation) entitled “Internationally recognized core labour standards in Kyrgyzstan” that some schools require children to participate in the tobacco harvest, and that the income from this goes directly to the schools, not the children or their families. This report also indicated that, in some cases, classes are cancelled and children are sent to the fields to pick cotton. The Committee further noted the information from ILO–IPEC that many of the children working in tobacco, rice and cotton fields in Osh and Jalalabat regions faced work-related risks including injuries resulting from the use of heavy equipment, lack of clean drinking water in the fields, exposure to toxic pesticides, insects and rodent bites, and hazards related to tobacco production (skin irritation and intoxication).

The Committee notes the Government’s statement that work in the fields is 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 notes the Government’s statement that 19.7 per cent of child labourers in the country are engaged in the agricultural sector. Furthermore, the Committee notes the continued implementation of a project aimed at eradicating child labour in the tobacco industry, developed by a non-governmental organization and carried out by trade union workers in the agro-industrial sector. The Government states that the goal of the project is to devise and introduce a mechanism for eliminating child labour in two pilot districts in the southern region of the country. Through the project, 1,123 families were given microcredit in 2011 and 131 mutual assistance groups were set up. The Government states that this project has enabled the removal of 3,142 children in the two districts from work in the tobacco industry. In addition, the Committee notes the information from ILO–IPEC of July 2012 that, through the project entitled “Combating Child Labour in Central Asia – Commitment becomes Action (PROACT CAR Phase III)”, action has been taken to address hazardous child labour in agriculture. For example, through an action programme to support the establishment of a child labour free zone in Chuy region, implemented by the Trade Unions of Education and Science Workers of Kyrgyzstan (TUESWK) during the period June 2011 to August 2012, 140 children (75 boys and 65 girls) were withdrawn from, or prevented from entering, hazardous child labour in agriculture and the urban informal sector. In addition, 15 children (six boys and nine girls) were withdrawn from hazardous child labour in agriculture in the first six months of 2012 through a school-based package of services, including non-formal education, reintegration into formal education, school supplies, monthly food baskets, extra-curricular activities, awareness raising, recreational activities and family counselling. Taking due note of the measures taken by the Government, the Committee urges the Government to pursue its efforts to ensure that persons under 18 years of age are protected against hazardous agricultural work, particularly in the cotton, tobacco and rice-growing sectors, and to provide information on the results achieved through the abovementioned initiatives. It also requests the Government to take the necessary measures to ensure the effective enforcement of regulations prohibiting children’s involvement in hazardous agricultural work, and to provide information on the steps taken in this regard, in its next report.

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, and it requested the Government to strengthen its efforts in this regard.

The Committee notes the information from the International Organization for Migration that it is 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 notes 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 United Nations Office on Drugs and Crime 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 Committee requests the Government to provide information on the measures taken, including through these projects, to provide the necessary and appropriate direct assistance for the removal of child victims of trafficking, and for their rehabilitation and social integration. It also requests the Government to supply information on the results achieved, including the number of victims of trafficking under the age of 18 who have benefited from repatriation and rehabilitative assistance.

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

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 5 of the Convention. Monitoring mechanisms. The Committee previously noted that the Government was developing a child labour monitoring framework, and it requested information on the impact of this framework, once finalized.

The Committee notes the Government’s statement that during the pilot stage of the Child Labour Monitoring System (CLMS), monitoring systems were established in three districts. Eight local action committees were set up at the district level to coordinate work with regard to the introduction of the CLMS model, bringing together representatives from the Family and Child Protection Department, the Juvenile Affairs Inspectorate, family medical centres and the district education services, as well as trade unions, employers’ organizations and non-governmental organizations. The Government states that these local committees meet twice a month to discuss identified cases of child labourers and children at risk, as well as the referral of such children to the appropriate educational, social or other services. The Government further states that from October to December 2011, six monitoring groups in the three pilot districts conducted 15 monitoring visits to various locations, such as markets and fields, where child labour is prevalent. These visits resulted in the identification of 150 children involved in, or at risk of involvement in, the worst forms of child labour, who were subsequently offered educational and other services, as appropriate. The Committee encourages the Government to pursue its efforts, through the CLMS, to combat the worst forms of child labour. It requests the Government to continue to provide information on measures taken in this regard, particularly regarding the establishment of CLMS in additional districts in the country, as well as on the results achieved.

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 from UNESCO that there had been a decrease in the primary-level net enrolment rate between 1999 and 2005. However, the Committee also noted that the country was moving towards the goal of universal primary enrolment.

The Committee notes the Government’s indication that it undertook a census in the 2011–12 school year to identify children who were not attending school. The Government indicates that 1,869 children were identified, and that measures were taken to ensure their return. The Committee also notes 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 represents a significant drop from the 34,000 out-of-school children in 1999. However, the Committee also notes 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. Therefore, considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to pursue its efforts to facilitate educational access to children as well as to ensure their attendance in school. The Committee requests the Government to provide information on the concrete measures taken in this regard, and to provide statistical information on the results obtained, particularly with regard to increasing attendance rates and reducing the number of out-of-school children.

Clause (d). Identifying and reaching out to children at special risk. Poor families. Following its previous comments, the Committee notes the Government’s statement that the Ministry of Social Development 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 notes 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 are compelled by difficult social and economic circumstances to work have been provided with support. The Government indicates that through the project, 40 working children have been identified, as well as an additional 60 children at risk for engagement in the worst forms of child labour. The Committee encourages the Government to pursue its efforts to prevent children from poor socio-economic families from being engaged in the worst forms of child labour, and to continue to provide information on measures taken in this regard.

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 (2 February 2007, CRC/C/OPSC/KGZ/CO/1, paragraph 27). Noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to strengthen its efforts to protect street children from the worst forms of child labour, and to take the necessary measures to provide for their removal, rehabilitation and social integration. The Committee requests the Government to provide information on measures taken in this regard, as well as the results obtained, in its next report.

Application of the Convention in practice. Child Labour Survey. The Committee previously noted that a Child Labour Survey had been undertaken in the country, and it requested information from this report, once available.

The Committee notes the statement in the Government’s report that the Child Labour Survey indicated that out of 672,000 working children, 592,000 were performing work that was inappropriate for their age and development. In this regard, the Government states that the level of child labour in Kyrgyzstan is quite high. The Government also states that boys accounted for 57.9 per cent of children labourers in the country. The Committee requests the Government to strengthen its efforts to combat and eliminate the worst forms of child labour, and to continue to provide information on the measures taken in this regard. It also requests the Government to continue to provide any available statistical information on the prevalence of the worst forms of child labour in the country. To the extent possible, such information should be disaggregated by sex and by age.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Repetition

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 that section 124(1) of the Criminal Code prohibits the trafficking of persons, and section 124(2) specifies that trafficking in persons under 18 is an aggravated offence. However, the Committee noted the Government’s indication to the Committee on the Rights of the Child (CRC) that the victims of trafficking in Kyrgyzstan include women and children who were exploited in the sex industry in Turkey, China and the United Arab Emirates (May 2006, CRC/C/OPSC/KGZ/1, page 10). The Committee further noted that the CRC, in its concluding observations, expressed regret at the lack of statistical data, and the lack of research on the prevalence of national and cross-border trafficking and the sale of children (2 February 2007, CRC/C/OPSC/KGZ/CO/1, paragraph 9).

The Committee notes the information from ILO–IPEC that the Ministry of Foreign Affairs is developing a National Action Plan Against Human Trafficking for 2012–15. The Committee also notes the information from the report of the UN Special Rapporteur on violence against women, its causes and consequences, of 28 May 2010, that trafficking of women and children for sexual exploitation and forced labour continues to be a problem in the country (A/HRC/14/22/Add.2, paragraph 33).

The Committee must once again express 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, therefore, requests the Government to pursue its efforts to adopt the National Action Plan Against Human Trafficking, and to provide information on the measures taken within this framework to combat the trafficking of persons under the age of 18, once adopted. The Committee also requests the Government to take the necessary measures to ensure that sufficient data on the sale and trafficking of persons under the age of 18 is made available. In this regard, the Committee once again requests the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied for violations of section 124 of the Criminal Code. To the extent possible, all information provided should be disaggregated by sex and age.

Clause (b). Use, procuring or offering of children for prostitution. In its previous comments, the Committee noted that section 157(1) of the Criminal Code makes it an offence for a person to involve a minor in prostitution, while sections 260 and 261 of the Criminal Code make enticement into prostitution an offence. The Committee also noted the Government’s indication that the number of street children and children in risk groups forced into prostitution was rising. Moreover, the Committee noted that the 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 may be held responsible, tried and placed in detention (CRC/C/OPSC/KGZ/CO/1, paragraphs 17 and 21). The Committee expressed concern that child prostitution continues in part due to the lack of legal oversight, and that children who are the victims of commercial sexual exploitation risk being regarded as criminals.

The Committee notes the Government’s statement that prostitution is 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. However, the Committee also notes the information in the Report of the UN Special Rapporteur on violence against women, its causes and consequences, of 28 May 2010, 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). Noting the absence of information on the application in practice of the provisions of the Criminal Code relating to child prostitution, the Committee once again requests the Government to provide this information, in particular statistics on the number and nature of infringements reported, investigations, prosecutions, convictions and sanctions applied. It also requests the Government to take the necessary measures to ensure that children who are used, procured or offered for commercial sexual exploitation are treated as victims rather than offenders. Lastly, the Committee once again requests the Government to indicate whether the national legislation contains provisions specifically criminalizing the client who uses children under 18 years of age for the purpose of prostitution.

Clause (d). Hazardous work. Children working in agriculture. The Committee previously noted that section 294 of the Labour Code prohibits the employment of persons under the age of 18 years in work with harmful and dangerous conditions (including in the manufacture of tobacco) and that a detailed list of occupations prohibited for persons under 18 years had been approved. Nonetheless, the Committee 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. In this regard, the Committee noted the statement in a 2006 report of the International Confederation of Free Trade Unions (now the International Trade Union Confederation) entitled “Internationally recognized core labour standards in Kyrgyzstan” that some schools require children to participate in the tobacco harvest, and that the income from this goes directly to the schools, not the children or their families. This report also indicated that, in some cases, classes are cancelled and children are sent to the fields to pick cotton. The Committee further noted the information from ILO–IPEC that many of the children working in tobacco, rice and cotton fields in Osh and Jalalabat regions faced work-related risks including injuries resulting from the use of heavy equipment, lack of clean drinking water in the fields, exposure to toxic pesticides, insects and rodent bites, and hazards related to tobacco production (skin irritation and intoxication).

The Committee notes the Government’s statement that work in the fields is 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 notes the Government’s statement that 19.7 per cent of child labourers in the country are engaged in the agricultural sector. Furthermore, the Committee notes the continued implementation of a project aimed at eradicating child labour in the tobacco industry, developed by a non-governmental organization and carried out by trade union workers in the agro-industrial sector. The Government states that the goal of the project is to devise and introduce a mechanism for eliminating child labour in two pilot districts in the southern region of the country. Through the project, 1,123 families were given microcredit in 2011 and 131 mutual assistance groups were set up. The Government states that this project has enabled the removal of 3,142 children in the two districts from work in the tobacco industry. In addition, the Committee notes the information from ILO–IPEC of July 2012 that, through the project entitled “Combating Child Labour in Central Asia – Commitment becomes Action (PROACT CAR Phase III)”, action has been taken to address hazardous child labour in agriculture. For example, through an action programme to support the establishment of a child labour free zone in Chuy region, implemented by the Trade Unions of Education and Science Workers of Kyrgyzstan (TUESWK) during the period June 2011 to August 2012, 140 children (75 boys and 65 girls) were withdrawn from, or prevented from entering, hazardous child labour in agriculture and the urban informal sector. In addition, 15 children (six boys and nine girls) were withdrawn from hazardous child labour in agriculture in the first six months of 2012 through a school-based package of services, including non-formal education, reintegration into formal education, school supplies, monthly food baskets, extra-curricular activities, awareness raising, recreational activities and family counselling. Taking due note of the measures taken by the Government, the Committee urges the Government to pursue its efforts to ensure that persons under 18 years of age are protected against hazardous agricultural work, particularly in the cotton, tobacco and rice-growing sectors, and to provide information on the results achieved through the abovementioned initiatives. It also requests the Government to take the necessary measures to ensure the effective enforcement of regulations prohibiting children’s involvement in hazardous agricultural work, and to provide information on the steps taken in this regard, in its next report.

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, and it requested the Government to strengthen its efforts in this regard.

The Committee notes the information from the International Organization for Migration that it is 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 notes 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 United Nations Office on Drugs and Crime 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 Committee requests the Government to provide information on the measures taken, including through these projects, to provide the necessary and appropriate direct assistance for the removal of child victims of trafficking, and for their rehabilitation and social integration. It also requests the Government to supply information on the results achieved, including the number of victims of trafficking under the age of 18 who have benefited from repatriation and rehabilitative assistance.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 5 of the Convention. Monitoring mechanisms. The Committee previously noted that the Government was developing a child labour monitoring framework, and it requested information on the impact of this framework, once finalized.

The Committee notes the Government’s statement that during the pilot stage of the Child Labour Monitoring System (CLMS), monitoring systems were established in three districts. Eight local action committees were set up at the district level to coordinate work with regard to the introduction of the CLMS model, bringing together representatives from the Family and Child Protection Department, the Juvenile Affairs Inspectorate, family medical centres and the district education services, as well as trade unions, employers’ organizations and non-governmental organizations. The Government states that these local committees meet twice a month to discuss identified cases of child labourers and children at-risk, as well as the referral of such children to the appropriate educational, social or other services. The Government further states that from October to December 2011, six monitoring groups in the three pilot districts conducted 15 monitoring visits to various locations, such as markets and fields, where child labour is prevalent. These visits resulted in the identification of 150 children involved in, or at risk of involvement in, the worst forms of child labour, who were subsequently offered educational and other services, as appropriate. The Committee encourages the Government to pursue its efforts, through the CLMS, to combat the worst forms of child labour. It requests the Government to continue to provide information on measures taken in this regard, particularly regarding the establishment of CLMS in additional districts in the country, as well as on the results achieved.

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 from UNESCO that there had been a decrease in the primary-level net enrolment rate between 1999 and 2005. However, the Committee also noted that the country was moving towards the goal of universal primary enrolment.

The Committee notes the Government’s indication that it undertook a census in the 2011–12 school year to identify children who were not attending school. The Government indicates that 1,869 children were identified, and that measures were taken to ensure their return. The Committee also notes 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 represents a significant drop from the 34,000 out-of-school children in 1999. However, the Committee also notes 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. Therefore, considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to pursue its efforts to facilitate educational access to children as well as to ensure their attendance in school. The Committee requests the Government to provide information on the concrete measures taken in this regard, and to provide statistical information on the results obtained, particularly with regard to increasing attendance rates and reducing the number of out-of-school children.

Clause (d). Identifying and reaching out to children at special risk. Poor families. Following its previous comments, the Committee notes the Government’s statement that the Ministry of Social Development 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 notes 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 are compelled by difficult social and economic circumstances to work have been provided with support. The Government indicates that through the project, 40 working children have been identified, as well as an additional 60 children at risk for engagement in the worst forms of child labour. The Committee encourages the Government to pursue its efforts to prevent children from poor socio-economic families from being engaged in the worst forms of child labour, and to continue to provide information on measures taken in this regard.

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 (2 February 2007, CRC/C/OPSC/KGZ/CO/1, paragraph 27). Noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to strengthen its efforts to protect street children from the worst forms of child labour, and to take the necessary measures to provide for their removal, rehabilitation and social integration. The Committee requests the Government to provide information on measures taken in this regard, as well as the results obtained, in its next report.

Application of the Convention in practice. Child Labour Survey. The Committee previously noted that a Child Labour Survey had been undertaken in the country, and it requested information from this report, once available.

The Committee notes the statement in the Government’s report that the Child Labour Survey indicated that out of 672,000 working children, 592,000 were performing work that was inappropriate for their age and development. In this regard, the Government states that the level of child labour in Kyrgyzstan is quite high. The Government also states that boys accounted for 57.9 per cent of children labourers in the country. The Committee requests the Government to strengthen its efforts to combat and eliminate the worst forms of child labour, and to continue to provide information on the measures taken in this regard. It also requests the Government to continue to provide any available statistical information on the prevalence of the worst forms of child labour in the country. To the extent possible, such information should be disaggregated by sex and by age.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

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 that section 124(1) of the Criminal Code prohibits the trafficking of persons, and section 124(2) specifies that trafficking in persons under 18 is an aggravated offence. However, the Committee noted the Government’s indication to the Committee on the Rights of the Child (CRC) that the victims of trafficking in Kyrgyzstan include women and children who were exploited in the sex industry in Turkey, China and the United Arab Emirates (May 2006, CRC/C/OPSC/KGZ/1, page 10). The Committee further noted that the CRC, in its concluding observations, expressed regret at the lack of statistical data, and the lack of research on the prevalence of national and cross-border trafficking and the sale of children (2 February 2007, CRC/C/OPSC/KGZ/CO/1, paragraph 9).

The Committee notes the information from ILO–IPEC that the Ministry of Foreign Affairs is developing a National Action Plan Against Human Trafficking for 2012–15. The Committee also notes the information from the report of the UN Special Rapporteur on violence against women, its causes and consequences, of 28 May 2010, that trafficking of women and children for sexual exploitation and forced labour continues to be a problem in the country (A/HRC/14/22/Add.2, paragraph 33).

The Committee must once again express 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, therefore, requests the Government to pursue its efforts to adopt the National Action Plan Against Human Trafficking, and to provide information on the measures taken within this framework to combat the trafficking of persons under the age of 18, once adopted. The Committee also requests the Government to take the necessary measures to ensure that sufficient data on the sale and trafficking of persons under the age of 18 is made available. In this regard, the Committee once again requests the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied for violations of section 124 of the Criminal Code. To the extent possible, all information provided should be disaggregated by sex and age.

Clause (b). Use, procuring or offering of children for prostitution. In its previous comments, the Committee noted that section 157(1) of the Criminal Code makes it an offence for a person to involve a minor in prostitution, while sections 260 and 261 of the Criminal Code make enticement into prostitution an offence. The Committee also noted the Government’s indication that the number of street children and children in risk groups forced into prostitution was rising. Moreover, the Committee noted that the 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 may be held responsible, tried and placed in detention (CRC/C/OPSC/KGZ/CO/1, paragraphs 17 and 21). The Committee expressed concern that child prostitution continues in part due to the lack of legal oversight, and that children who are the victims of commercial sexual exploitation risk being regarded as criminals.

The Committee notes the Government’s statement that prostitution is 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. However, the Committee also notes the information in the Report of the UN Special Rapporteur on violence against women, its causes and consequences, of 28 May 2010, 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). Noting the absence of information on the application in practice of the provisions of the Criminal Code relating to child prostitution, the Committee once again requests the Government to provide this information, in particular statistics on the number and nature of infringements reported, investigations, prosecutions, convictions and sanctions applied. It also requests the Government to take the necessary measures to ensure that children who are used, procured or offered for commercial sexual exploitation are treated as victims rather than offenders. Lastly, the Committee once again requests the Government to indicate whether the national legislation contains provisions specifically criminalizing the client who uses children under 18 years of age for the purpose of prostitution.

Clause (d). Hazardous work. Children working in agriculture. The Committee previously noted that section 294 of the Labour Code prohibits the employment of persons under the age of 18 years in work with harmful and dangerous conditions (including in the manufacture of tobacco) and that a detailed list of occupations prohibited for persons under 18 years had been approved. Nonetheless, the Committee 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. In this regard, the Committee noted the statement in a 2006 report of the International Confederation of Free Trade Unions (now the International Trade Union Confederation) entitled “Internationally recognized core labour standards in Kyrgyzstan” that some schools require children to participate in the tobacco harvest, and that the income from this goes directly to the schools, not the children or their families. This report also indicated that, in some cases, classes are cancelled and children are sent to the fields to pick cotton. The Committee further noted the information from ILO–IPEC that many of the children working in tobacco, rice and cotton fields in Osh and Jalalabat regions faced work-related risks including injuries resulting from the use of heavy equipment, lack of clean drinking water in the fields, exposure to toxic pesticides, insects and rodent bites, and hazards related to tobacco production (skin irritation and intoxication).

The Committee notes the Government’s statement that work in the fields is 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 notes the Government’s statement that 19.7 per cent of child labourers in the country are engaged in the agricultural sector. Furthermore, the Committee notes the continued implementation of a project aimed at eradicating child labour in the tobacco industry, developed by a non-governmental organization and carried out by trade union workers in the agro-industrial sector. The Government states that the goal of the project is to devise and introduce a mechanism for eliminating child labour in two pilot districts in the southern region of the country. Through the project, 1,123 families were given microcredit in 2011 and 131 mutual assistance groups were set up. The Government states that this project has enabled the removal of 3,142 children in the two districts from work in the tobacco industry. In addition, the Committee notes the information from ILO–IPEC of July 2012 that, through the project entitled “Combating Child Labour in Central Asia – Commitment becomes Action (PROACT CAR Phase III)”, action has been taken to address hazardous child labour in agriculture. For example, through an action programme to support the establishment of a child labour free zone in Chuy region, implemented by the Trade Unions of Education and Science Workers of Kyrgyzstan (TUESWK) during the period June 2011 to August 2012, 140 children (75 boys and 65 girls) were withdrawn from, or prevented from entering, hazardous child labour in agriculture and the urban informal sector. In addition, 15 children (six boys and nine girls) were withdrawn from hazardous child labour in agriculture in the first six months of 2012 through a school-based package of services, including non-formal education, reintegration into formal education, school supplies, monthly food baskets, extra-curricular activities, awareness raising, recreational activities and family counselling. Taking due note of the measures taken by the Government, the Committee urges the Government to pursue its efforts to ensure that persons under 18 years of age are protected against hazardous agricultural work, particularly in the cotton, tobacco and rice-growing sectors, and to provide information on the results achieved through the abovementioned initiatives. It also requests the Government to take the necessary measures to ensure the effective enforcement of regulations prohibiting children’s involvement in hazardous agricultural work, and to provide information on the steps taken in this regard, in its next report.

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, and it requested the Government to strengthen its efforts in this regard.

The Committee notes the information from the International Organization for Migration that it is 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 notes 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 United Nations Office on Drugs and Crime 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 Committee requests the Government to provide information on the measures taken, including through these projects, to provide the necessary and appropriate direct assistance for the removal of child victims of trafficking, and for their rehabilitation and social integration. It also requests the Government to supply information on the results achieved, including the number of victims of trafficking under the age of 18 who have benefited from repatriation and rehabilitative assistance.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 5 of the Convention. Monitoring mechanisms. The Committee previously noted that the Government was developing a child labour monitoring framework, and it requested information on the impact of this framework, once finalized.

The Committee notes the Government’s statement that during the pilot stage of the Child Labour Monitoring System (CLMS), monitoring systems were established in three districts. Eight local action committees were set up at the district level to coordinate work with regard to the introduction of the CLMS model, bringing together representatives from the Family and Child Protection Department, the Juvenile Affairs Inspectorate, family medical centres and the district education services, as well as trade unions, employers’ organizations and non-governmental organizations. The Government states that these local committees meet twice a month to discuss identified cases of child labourers and children at-risk, as well as the referral of such children to the appropriate educational, social or other services. The Government further states that from October to December 2011, six monitoring groups in the three pilot districts conducted 15 monitoring visits to various locations, such as markets and fields, where child labour is prevalent. These visits resulted in the identification of 150 children involved in, or at risk of involvement in, the worst forms of child labour, who were subsequently offered educational and other services, as appropriate. The Committee encourages the Government to pursue its efforts, through the CLMS, to combat the worst forms of child labour. It requests the Government to continue to provide information on measures taken in this regard, particularly regarding the establishment of CLMS in additional districts in the country, as well as on the results achieved.

Article 6. Programmes of action. Programme of Action by the Social Partners. In its previous comments, the Committee noted that the Programme of Action by the Social Partners for the Elimination of the Worst Forms of Child Labour in the Kyrgyz Republic had been adopted. It requested information on the measures undertaken in the context of this programme.

The Committee notes the Government’s statement that the Programme of Action by the Social Partners for the Elimination of the Worst Forms of Child Labour provides for legislative and administrative measures to prevent and eliminate child labour, and includes a focus on child labour in commerce, transport, loading and unloading goods, waste collection, begging, cleaning, shoe repair, car washing, work in agriculture and prostitution. The Committee also notes the Government’s statement that work is regularly undertaken with the social partners to jointly implement measures to prevent and eliminate child labour. The Government indicates that in 2011, with the support of ILO–IPEC, special sections to address child labour were established in organizations of employers and workers. Moreover, the Committee notes with interest the Government’s indication that, as a result of the joint efforts by the national partners and the ILO, 425 children have been withdrawn from, or prevented from entering, the worst forms of child labour, and that 2,478 children and 191 families have received direct assistance (such as medical, educational and legal services, as well as food support and school supplies).

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 from UNESCO that there had been a decrease in the primary-level net enrolment rate between 1999 and 2005. However, the Committee also noted that the country was moving towards the goal of universal primary enrolment.

The Committee notes the Government’s indication that it undertook a census in the 2011–12 school year to identify children who were not attending school. The Government indicates that 1,869 children were identified, and that measures were taken to ensure their return. The Committee also notes 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 represents a significant drop from the 34,000 out-of-school children in 1999. However, the Committee also notes 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. Therefore, considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to pursue its efforts to facilitate educational access to children as well as to ensure their attendance in school. The Committee requests the Government to provide information on the concrete measures taken in this regard, and to provide statistical information on the results obtained, particularly with regard to increasing attendance rates and reducing the number of out-of-school children.

Clause (d). Identifying and reaching out to children at special risk. 1. Poor families. Following its previous comments, the Committee notes the Government’s statement that the Ministry of Social Development 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 notes 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 are compelled by difficult social and economic circumstances to work have been provided with support. The Government indicates that through the project, 40 working children have been identified, as well as an additional 60 children at risk for engagement in the worst forms of child labour. The Committee encourages the Government to pursue its efforts to prevent children from poor socio-economic families from being engaged in the worst forms of child labour, and to continue to provide information on measures taken in this regard.

2. 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 (2 February 2007, CRC/C/OPSC/KGZ/CO/1, paragraph 27). Noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to strengthen its efforts to protect street children from the worst forms of child labour, and to take the necessary measures to provide for their removal, rehabilitation and social integration. The Committee requests the Government to provide information on measures taken in this regard, as well as the results obtained, in its next report.

Part V of the report form. Application of the Convention in practice. Child Labour Survey. The Committee previously noted that a Child Labour Survey had been undertaken in the country, and it requested information from this report, once available.

The Committee notes the statement in the Government’s report that the Child Labour Survey indicated that out of 672,000 working children, 592,000 were performing work that was inappropriate for their age and development. In this regard, the Government states that the level of child labour in Kyrgyzstan is quite high. The Government also states that boys accounted for 57.9 per cent of children labourers in the country. The Committee requests the Government to strengthen its efforts to combat and eliminate the worst forms of child labour, and to continue to provide information on the measures taken in this regard. It also requests the Government to continue to provide any available statistical information on the prevalence of the worst forms of child labour in the country. To the extent possible, such information should be disaggregated by sex and by age.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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 that section 124(1) of the Criminal Code prohibits the trafficking of persons, and section 124(2) specifies that trafficking in persons under 18 is an aggravated offence. However, the Committee noted the Government’s indication to the Committee on the Rights of the Child (CRC) that the victims of trafficking in Kyrgyzstan include women and children who were exploited in the sex industry in Turkey, China and the United Arab Emirates (May 2006, CRC/C/OPSC/KGZ/1, page 10). The Committee further noted that the CRC, in its concluding observations, expressed regret at the lack of statistical data, and the lack of research on the prevalence of national and cross-border trafficking and the sale of children (2 February 2007, CRC/C/OPSC/KGZ/CO/1, paragraph 9).

The Committee notes the information from ILO–IPEC that the Ministry of Foreign Affairs is developing a National Action Plan Against Human Trafficking for 2012–15. The Committee also notes the information from the report of the UN Special Rapporteur on violence against women, its causes and consequences, of 28 May 2010, that trafficking of women and children for sexual exploitation and forced labour continues to be a problem in the country (A/HRC/14/22/Add.2, paragraph 33).

The Committee must once again express 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, therefore, requests the Government to pursue its efforts to adopt the National Action Plan Against Human Trafficking, and to provide information on the measures taken within this framework to combat the trafficking of persons under the age of 18, once adopted. The Committee also requests the Government to take the necessary measures to ensure that sufficient data on the sale and trafficking of persons under the age of 18 is made available. In this regard, the Committee once again requests the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied for violations of section 124 of the Criminal Code. To the extent possible, all information provided should be disaggregated by sex and age.

Clause (b). Use, procuring or offering of children for prostitution. In its previous comments, the Committee noted that section 157(1) of the Criminal Code makes it an offence for a person to involve a minor in prostitution, while sections 260 and 261 of the Criminal Code make enticement into prostitution an offence. The Committee also noted the Government’s indication that the number of street children and children in risk groups forced into prostitution was rising. Moreover, the Committee noted that the 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 may be held responsible, tried and placed in detention (CRC/C/OPSC/KGZ/CO/1, paragraphs 17 and 21). The Committee expressed concern that child prostitution continues in part due to the lack of legal oversight, and that children who are the victims of commercial sexual exploitation risk being regarded as criminals.

The Committee notes the Government’s statement that prostitution is 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. However, the Committee also notes the information in the Report of the UN Special Rapporteur on violence against women, its causes and consequences, of 28 May 2010, 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). Noting the absence of information on the application in practice of the provisions of the Criminal Code relating to child prostitution, the Committee once again requests the Government to provide this information, in particular statistics on the number and nature of infringements reported, investigations, prosecutions, convictions and sanctions applied. It also requests the Government to take the necessary measures to ensure that children who are used, procured or offered for commercial sexual exploitation are treated as victims rather than offenders. Lastly, the Committee once again requests the Government to indicate whether the national legislation contains provisions specifically criminalizing the client who uses children under 18 years of age for the purpose of prostitution.

Clause (d). Hazardous work. Children working in agriculture. The Committee previously noted that section 294 of the Labour Code prohibits the employment of persons under the age of 18 years in work with harmful and dangerous conditions (including in the manufacture of tobacco) and that a detailed list of occupations prohibited for persons under 18 years had been approved. Nonetheless, the Committee 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. In this regard, the Committee noted the statement in a 2006 report of the International Confederation of Free Trade Unions (now the International Trade Union Confederation) entitled “Internationally recognized core labour standards in Kyrgyzstan” that some schools require children to participate in the tobacco harvest, and that the income from this goes directly to the schools, not the children or their families. This report also indicated that, in some cases, classes are cancelled and children are sent to the fields to pick cotton. The Committee further noted the information from ILO–IPEC that many of the children working in tobacco, rice and cotton fields in Osh and Jalalabat regions faced work-related risks including injuries resulting from the use of heavy equipment, lack of clean drinking water in the fields, exposure to toxic pesticides, insects and rodent bites, and hazards related to tobacco production (skin irritation and intoxication).

The Committee notes the Government’s statement that work in the fields is 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 notes the Government’s statement that 19.7 per cent of child labourers in the country are engaged in the agricultural sector. Furthermore, the Committee notes the continued implementation of a project aimed at eradicating child labour in the tobacco industry, developed by a non-governmental organization and carried out by trade union workers in the agro-industrial sector. The Government states that the goal of the project is to devise and introduce a mechanism for eliminating child labour in two pilot districts in the southern region of the country. Through the project, 1,123 families were given microcredit in 2011 and 131 mutual assistance groups were set up. The Government states that this project has enabled the removal of 3,142 children in the two districts from work in the tobacco industry. In addition, the Committee notes the information from ILO–IPEC of July 2012 that, through the project entitled “Combating Child Labour in Central Asia – Commitment becomes Action (PROACT CAR Phase III)”, action has been taken to address hazardous child labour in agriculture. For example, through an action programme to support the establishment of a child labour free zone in Chuy region, implemented by the Trade Unions of Education and Science Workers of Kyrgyzstan (TUESWK) during the period June 2011 to August 2012, 140 children (75 boys and 65 girls) were withdrawn from, or prevented from entering, hazardous child labour in agriculture and the urban informal sector. In addition, 15 children (six boys and nine girls) were withdrawn from hazardous child labour in agriculture in the first six months of 2012 through a school-based package of services, including non-formal education, reintegration into formal education, school supplies, monthly food baskets, extra-curricular activities, awareness raising, recreational activities and family counselling. Taking due note of the measures taken by the Government, the Committee urges the Government to pursue its efforts to ensure that persons under 18 years of age are protected against hazardous agricultural work, particularly in the cotton, tobacco and rice-growing sectors, and to provide information on the results achieved through the abovementioned initiatives. It also requests the Government to take the necessary measures to ensure the effective enforcement of regulations prohibiting children’s involvement in hazardous agricultural work, and to provide information on the steps taken in this regard, in its next report.

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, and it requested the Government to strengthen its efforts in this regard.

The Committee notes the information from the International Organization for Migration that it is 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 notes 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 United Nations Office on Drugs and Crime 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 Committee requests the Government to provide information on the measures taken, including through these projects, to provide the necessary and appropriate direct assistance for the removal of child victims of trafficking, and for their rehabilitation and social integration. It also requests the Government to supply information on the results achieved, including the number of victims of trafficking under the age of 18 who have benefited from repatriation and rehabilitative assistance.

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 5 of the Convention. Monitoring mechanisms. The Committee previously noted that recommendations were prepared for the development and improvement of monitoring procedures concerning child labour, which were to be adopted by the Coordinating Council for Child Labour and the National Tripartite Commission on the Regulation of Social, Labour and related Economic Relations, following discussions with the trade unions and employers.

The Committee noted the information in the Technical Progress Report for the ILO–IPEC project entitled “Combating Child Labour in Central Asia” of January 2010 (ILO–IPEC TPR) that ILO–IPEC provided technical assistance in the development of the Child Labour Monitoring Framework, and that ILO–IPEC national experts finalized the draft guideline in 2009. This report indicates that a draft guideline would be submitted to the Ministry of Labour in January 2010 for consideration and finalization. The Committee encourages the Government to take the necessary measures to ensure the timely consideration and finalization of the Child Labour Monitoring Framework. The Committee also requests the Government to provide information on the impact of this framework, once finalized, on the prevention and the elimination of the worst forms of child labour.

Article 6. Programmes of action. State programmes of action by the social partners. In its previous comments, the Committee noted that the draft State Programme of Action of the Social Partners for the Elimination of the Worst Forms of Child Labour was approved by the National Council and was under consideration by the Government. It requested the Government to provide information on progress made in this regard.

The Committee noted the information in the 2008 Report on the Worst Forms of Child Labour in Kyrgyzstan (WFCL Report), available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org), that the State Programme of Action of Social Partners for the Elimination of the Worst Forms of Child Labour in the Kyrgyz Republic (2008–11) was adopted. This Programme aims to strengthen legislation, improve the efficiency of the labour inspectorate, withdraw and prevent children from the worst forms of child labour, promote youth employment, and increase awareness about the worst forms of child labour. The Committee also noted the information in the ILO–IPEC TPR that, within this the framework of this Programme, Bishkek city administration issued a municipal Ordinance No. 471-p of 4 September 2009 on supplementary measures for providing access to working children to medical and educational services in the city. The ILO–IPEC TPR also indicates that ILO–IPEC is playing a role in supporting the Government and social partners in the implementation of this Programme. The Committee encourages the Government to continue to implement the State Programme of Action of Social Partners for the Elimination of the Worst Forms of Child Labour in the Kyrgyz Republic. It requests the Government to provide information on concrete measures taken within the context of this Programme, as well as information on the results achieved.

Trafficking in children. The Committee previously noted that a preliminary draft State Programme on the Prevention of Trafficking in Persons in the Kyrgyz Republic had been elaborated, including a strategy, priorities and approaches to the prevention, suppression and combating trafficking of persons, including children.

The Committee noted the information in the WFCL Report that the State Programme has been adopted, and that the goals of this Programme include expanding the definition of trafficking in persons, increasing public awareness, and increasing social protection for trafficking victims. The Committee encourages the Government to ensure the effective implementation of the State Programme on the Prevention of Trafficking in Persons in the Kyrgyz Republic. It requests the Government to provide information on the specific measures taken with regard to the protection of child victims of trafficking that have been implemented within the framework of this Programme.

Article 7(2). Effective and time-bound measures. In its previous comments, the Committee noted the Government’s participation in the ILO–IPEC project “Capacity Building Project: Regional Programme on the Worst Forms of Child Labour”. The Committee noted that this project included the following action programmes in Kyrgyzstan:

• – actions against the involvement of children in illicit drug trafficking;
• – organization of information campaigns leading up to the World Day Against Child Labour;
• – strengthening the capacity of the partners to address child labour issues in Issykkul region; and
• – elimination of child labour in the tobacco-growing industry in Kyrgyzstan.

The Committee also noted that a subsequent ILO–IPEC project entitled “Combating Child Labour in Central Asia – Commitment becomes Action” (PROACT–CAR Phase II) began implementation in January 2008. The Committee noted the information in ILO–IPEC TPR that, as of January 2010, activities taken under this framework included awareness-raising events, assistance with the finalization of guidelines for social workers working with the worst forms of child labour, and coordination with labour unions on child labour issues. Action programmes implemented within the PROACT–CAR Phase II include “Preventing child labour in the informal sector through providing educational, rehabilitation opportunities and awareness-raising activities in Osh and Karasuu towns” and “Strengthening the capacity of tripartite committees and mainstreaming of child labour issues into local development plans”. The ILO–IPEC TPR further indicates that, in the last six months of 2009, 47 children were withdrawn, and an additional 133 children were prevented, from child labour through PROACT–CAR Phase II activities in Kyrgyzstan.

Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the UNESCO information that there had been a decrease in the primary-level net enrolment rate between 1999 and 2005. It also noted increasing drop-out rates, especially among girls forced into marriage and migrant children, who have little access to schools. The Committee noted that, during its transition to a market economy, the Kyrgyz Republic had encountered serious economic and social problems, including an increase in unemployment and poverty which had a negative impact on the most vulnerable sections of the population. However, the Committee noted that the country was moving toward the goal of universal primary enrolment, and had a high chance of achieving the goal by 2015, as well as the gender parity goal in both primary- and secondary-education levels.

The Committee noted the information in the UNESCO report entitled “Education For All (EFA) – Global Monitoring Report 2009” that the primary net enrolment rate was 86 per cent in 2006 (down from 88 per cent in 1999), or approximately 29,000 out-of-school children. The Committee also noted the information in this report that the secondary net enrolment rate was 80 per cent in 2006. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee strongly encourages the Government to renew its efforts to strengthen the functioning of the education system, in particular by increasing the school enrolment rate at both the primary and secondary levels, in order to achieve the EFA goal by 2015. It requests the Government to provide information on the results attained.

Clause (d). Identifying and reaching out to children at special risk. Poor families. In its previous comments, the Committee noted that the Government was implementing a National Poverty Reduction Strategy, which involved support for vulnerable populations, improvement of legislation to take account of the interests of the family and children and the provision of targeted assistance. The Committee also noted the implementation of the “New Generation” Programme 2010 aimed at reducing poverty levels and establishing conditions to ensure the all-round development of children by targeting at risk families.

The Committee noted the information in the ILO–IPEC TPR that, within the “New Generation” programme, the Ministry of Labour funded 24 social projects within the theme of “Prevention of the worst forms of child labour and social adaptation of children with special needs.” Approximately 4.2 million Kyrgyz som (approximately US$94,545) were allocated for the implementation of these projects. The Committee encourages the Government to continue its efforts to prevent children from poor socio-economic families from being engaged in the worst forms of child labour, particularly within the context of the National Poverty Reduction Strategy and the “New Generation” Programme.

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. The Committee observed that street children were at a greater risk of being engaged in the worst forms of child labour and encouraged the Government to continue to take effective and time-bound measures to protect these children from the worst forms of child labour.

The Committee noted the information on the UNDP Kyrgyzstan website (www.undp.kg) that there may be up to 15–20,000 street and working children in the country, and approximately 2,000 such children in Bishkek City. The Committee also noted the information in the ILO–IPEC TPR that the UNDP, in collaboration with ILO–IPEC, operates a programme entitled “Vocational Education for Street Children”, providing education to these children at vocational schools in Bishkek. The Committee further noted that the Committee on the Rights of the Child, in its concluding observations in connection with the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, expressed concern about the difficult situation of certain groups of children, 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 therefore requests the Government to redouble its efforts to protect street children from the worst forms of child labour, and to take the necessary measures to provide for their removal, rehabilitation and social integration. The Committee requests the Government to provide information on measures taken in this regard, as well as the results obtained.

Part V of the report form. Application of the Convention in practice. National Child Labour Survey. The Committee previously noted that ILO–SIMPOC was implementing a programme of action in the country in order to carry out a child labour survey and develop a database on child labour. It requested the Government to provide information on progress made in this regard. The Committee noted the information in the ILO–IPEC TPR that the English version of the National Child Labour Survey was due to be presented by the National Statistical Committee in 2009. The Committee requests Government to supply a copy of the report of the National Statistical Committee’s National Child Labour Survey, once it is available.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

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 that section 124(1) of the Criminal Code prohibits the trafficking of persons, and section 124(2) specifies that trafficking in persons under 18 is an aggravated offence. However, the Committee noted the Government’s indication to the Committee on the Rights of the Child (CRC) in May 2006 that women and children are trafficked to Turkey, China and the United Arab Emirates for sexual exploitation, and that Kyrgyz citizens have been sold in Kazakhstan to work in tobacco (CRC/C/OPSC/KGZ/1, page 10). In light of this, the Committee requested the Government to take immediate and effective measures to apply section 124 of the Criminal Code and to provide statistical information on the practical application of this provision.

The Committee noted the information in the UNODC Global Report on Trafficking in Persons that state authorities recorded six child victims of trafficking in 2005, and nine such victims in 2006. The Committee also noted the information in the 2008 report on human trafficking in Kyrgyzstan, available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org) (Trafficking Report) that indicates that the Government conducted 33 investigations relating to trafficking in 2007, and 92 such investigations in 2008. This report indicates that, in 2008, the Government prosecuted eight persons for this offence, of which six were convicted. However, this report also indicates that four out of the six offenders received suspended sentences, with two receiving sentences of 3–8 years’ imprisonment. The Committee also noted that the CRC, in its concluding observations in relation to the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (CRC OP SC) of 2 February 2007, expressed concern that, in a number of cases, investigations and prosecutions had not been initiated (CRC/C/OPSC/KGZ/CO/1, paragraph 17), and that complicity by government officials with traffickers, and corruption, was impeding the effectiveness of prevention measures (paragraph 25). The CRC also expressed regret at the lack of statistical data, and the lack of research on the prevalence of national and cross-border trafficking and the sale of children (paragraph 9).

The Committee expressed its deep concern at allegations of complicity of low-level government officials with human traffickers, and at the lack of complete data on the prevalence of child trafficking in Kyrgyzstan. The Committee therefore requests the Government to take the necessary measures as a matter of urgency to ensure that persons who traffic in children for the purpose of labour or sexual exploitation are in practice prosecuted, and that sufficiently effective and dissuasive penalties are imposed. The Committee also urges the Government to take the necessary measures to ensure that sufficient data on the sale and trafficking of persons under the age of 18 is made available. In this regard, the Committee once again requests the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied for violations of section 124 of the Criminal Code. To the extent possible, all information provided should be disaggregated by sex and age.

Clause (b). Use, procuring or offering of a child for prostitution. In its previous comments, the Committee noted that section 157(1) of the Criminal Code makes it an offence for a person to involve a minor in prostitution. Sections 260 and 261 of the Criminal Code make the enticement into prostitution an offence. Noting the Government’s indication that the number of street children and children in risk groups forced into prostitution was rising, it requested the Government to provide information on the practical application of these provisions of the Criminal Code.

The Committee noted the information in the 2008 report on the worst forms of child labour in Kyrgyzstan (WFCL Report), available on the Office of the High Commissioner for Refugees website, that child commercial sexual exploitation continues to be a problem due in part to the lack of legal regulation and oversight. This report indicates that children from rural areas (primarily girls) are trafficked from rural areas to Bishkek and Osh for commercial sexual exploitation. The Committee also notes that the CRC, in its concluding observations in relation to the OP–SC, expressed concern that in a number of cases of child prostitution, investigations and prosecutions had not been initiated (CRC/C/OPSC/KGZ/CO/1, paragraph 17). The CRC also expressed deep concern that child victims are often stigmatized and socially marginalized and may be held responsible, tried and placed in detention (CRC/C/OPSC/KGZ/CO/1, paragraph 21).

The Committee expressed concern that child prostitution continues in part due to the lack of legal oversight, and that children who are the victims of commercial sexual exploitation risk being regarded as criminals. It therefore requests the Government to take the necessary measures to ensure that children who are used, procured or offered for commercial sexual exploitation are treated as victims rather than offenders. The Committee also requests the Government to provide information on the practical application of the provisions of the Criminal Code relating to child prostitution, in particular by supplying statistics on the number and nature of violations reported, investigations, prosecutions, convictions and sanctions applied. Lastly, the Committee once again requests the Government to indicate whether the national legislation contains provisions criminalizing the client who uses children under 18 years of age for prostitution.

Clause (d). Hazardous work. Children working in agriculture. The Committee previously noted that the Government had approved a detailed list of occupations or works prohibited for persons under 18 years, and had adopted regulatory instruments at the sectoral level prohibiting this group from being engaged in work related to the use and storage of pesticides. The Committee also noted that that section 294 of the Labour Code prohibits the employment of persons under the age of 18 years in work with harmful and dangerous conditions, including in the manufacture of tobacco.

Nonetheless, the Committee noted the indication in the WFCL Report that the use of hazardous child labour in the agricultural sector is widespread, particularly in tobacco, rice and cotton fields, and that these children face dangerous working conditions. The Committee also noted the indication in the WFCL Report that, in rural areas, regulations prohibiting children from engaging in such work are not strictly enforced. In this regard, the Committee noted the statement in the report of the International Confederation of Free Trade Unions (now the International Trade Union Confederation) for the World Trade Organization General Council on the trade policies of Kyrgyzstan of 9 and 11 October 2006, entitled “Internationally recognized core labour standards in Kyrgyzstan” that some schools require children to participate in the tobacco harvest, and that the income from this goes directly to the schools, not the children or their families. This report also indicates that, in some cases, classes are cancelled and children are sent to the fields to pick cotton. Lastly, the Committee noted that the CRC, in its concluding observations of 3 November 2004, expressed concern regarding the use of children as workers by State institutions, and in particular by State educational establishments (CRC/C/15/Add.244, paragraph 59). The Committee expresses its serious concern at the situation of school children who are required to engage in agricultural work in the cotton and tobacco sectors, often under hazardous conditions, and requests the Government to take the necessary measures, as a matter of urgency, to ensure that persons under 18 years of age are protected against this worst form of child labour, including through the enforcement of regulations prohibiting children’s involvement in hazardous agricultural work.

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. 1. Trafficking in children. The Committee previously noted that governmental departments, international agencies and the local media, in collaboration with the International Organization for Migration (IOM), conducted a high-profile awareness campaign on violence against women and trafficking in women and girls and its prevention. The Committee also took note of the Sezim Psychological Crisis Centre in Bishkek, which provided rehabilitation and reintegration services to victims of trafficking, including 30 children.

The Committee noted the information on the IOM website that its collaboration with the Government continues through the IOM programme entitled “Combating Trafficking in Persons in Central Asia: Prevention, Protection and Capacity Building”, which includes awareness raising and assistance for victims. The Committee also noted the information in the Trafficking Report that, while the Government provides no direct funding for shelters or medical assistance to victims, it provides space for three NGO-run shelters, and has improved its process for the repatriation of Kyrgyz nationals who are victims of trafficking. The Trafficking Report also indicates that the Government and NGOs identified 331 trafficking victims in 2007, and 161 victims in 2008. This report further indicates that 117 victims of trafficking received NGO assistance in 2008, 20 of whom were referred to these services by the Government. Observing the disparity between the number of trafficking victims identified, and the number of victims receiving assistance, the Committee requests the Government to strengthen its efforts to provide the necessary and appropriate direct assistance for the removal of child victims of trafficking, and for their rehabilitation and social integration. It requests the Government to provide information on concrete measures taken in this regard, and to supply information on the results achieved, including the number of victims of trafficking under the age of 18 who have participated in the repatriation process, and the number of children receiving rehabilitative assistance, shelter and other services.

2. Children engaged in hazardous work in agriculture. The Committee noted the estimation in the ILO–IPEC Technical Progress Report for the project entitled “Health and rehabilitation of working children in tobacco, rice and cotton fields in Osh and Jalalabat regions” of August 2006 (Agriculture TPR 2006), that child labour in the agricultural sector is quite common in Kyrgyzstan, and that, in the oblast of Jalalabat alone, it is estimated that 125,000 children are involved in agricultural production each year. The Agriculture TPR 2006 indicates that many of these children face work-related risks including injuries resulting from the use of heavy equipment, lack of clean drinking water in the fields, exposure to toxic pesticides, insects and rodents bites, and hazards related to tobacco production (skin irritation and intoxication). However, the Committee noted the statement in the Agriculture TPR 2006 that there is an understanding at the governmental level for the need to develop a comprehensive programme for the elimination of the worst forms of child labour in the agricultural sector. The Committee also noted that various initiatives are being implemented to address this issue, such as the “Elimination of child labour in tobacco growing industry in Kyrgyzstan” project for 2010–12, implemented by the Agricultural Workers’ Union and supported by the ECLT Foundation (within the framework of the PROACT–CAR Phase II) and meetings organized by the ILO Bureau for Employers’ Activities on the role of employers in the elimination of child labour in agriculture in Kyrgyzstan.

Nonetheless, the Committee noted the information in the WFCL Report indicating that, during the cotton and tobacco harvesting season, children in southern Kyrgyzstan frequently miss school to work in the fields, often under hazardous conditions. Therefore, the Committee requests the Government to redouble its efforts to remove and rehabilitate children engaged in hazardous agricultural work, particularly in the cotton, tobacco and rice-growing sectors. The Committee requests the Government to provide information on concrete measures taken in this regard, and the results achieved, including information on the number of children removed and rehabilitated.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 5 of the Convention. Monitoring mechanisms. The Committee previously noted that recommendations were prepared for the development and improvement of monitoring procedures concerning child labour, which were to be adopted by the Coordinating Council for Child Labour and the National Tripartite Commission on the Regulation of Social, Labour and related Economic Relations, following discussions with the trade unions and employers.

The Committee notes the information in the Technical Progress Report for the ILO–IPEC project entitled “Combating Child Labour in Central Asia” of January 2010 (ILO–IPEC TPR) that ILO–IPEC provided technical assistance in the development of the Child Labour Monitoring Framework, and that ILO–IPEC national experts finalized the draft guideline in 2009. This report indicates that a draft guideline would be submitted to the Ministry of Labour in January 2010 for consideration and finalization. The Committee encourages the Government to take the necessary measures to ensure the timely consideration and finalization of the Child Labour Monitoring Framework. The Committee also requests the Government to provide information on the impact of this framework, once finalized, on the prevention and the elimination of the worst forms of child labour.

Article 6. Programmes of action. 1. State programmes of action by the social partners. In its previous comments, the Committee noted that the draft State Programme of Action of the Social Partners for the Elimination of the Worst Forms of Child Labour was approved by the National Council and was under consideration by the Government. It requested the Government to provide information on progress made in this regard.

The Committee notes the information in the 2008 Report on the Worst Forms of Child Labour in Kyrgyzstan (WFCL Report), available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org), that the State Programme of Action of Social Partners for the Elimination of the Worst Forms of Child Labour in the Kyrgyz Republic (2008–11) was adopted. This Programme aims to strengthen legislation, improve the efficiency of the labour inspectorate, withdraw and prevent children from the worst forms of child labour, promote youth employment, and increase awareness about the worst forms of child labour. The Committee also notes the information in the ILO–IPEC TPR that, within this the framework of this Programme, Bishkek city administration issued a municipal Ordinance No. 471-p of 4 September 2009 on supplementary measures for providing access to working children to medical and educational services in the city. The ILO–IPEC TPR also indicates that ILO–IPEC is playing a role in supporting the Government and social partners in the implementation of this Programme. The Committee encourages the Government to continue to implement the State Programme of Action of Social Partners for the Elimination of the Worst Forms of Child Labour in the Kyrgyz Republic. It requests the Government to provide information on concrete measures taken within the context of this Programme, as well as information on the results achieved.

2. Trafficking in children. The Committee previously noted that a preliminary draft State Programme on the Prevention of Trafficking in Persons in the Kyrgyz Republic had been elaborated, including a strategy, priorities and approaches to the prevention, suppression and combating trafficking of persons, including children.

The Committee notes the information in the WFCL Report that the State Programme has been adopted, and that the goals of this Programme include expanding the definition of trafficking in persons, increasing public awareness, and increasing social protection for trafficking victims. The Committee encourages the Government to ensure the effective implementation of the State Programme on the Prevention of Trafficking in Persons in the Kyrgyz Republic. It requests the Government to provide information on the specific measures taken with regard to the protection of child victims of trafficking that have been implemented within the framework of this Programme.

Article 7(2). Effective and time-bound measures. In its previous comments, the Committee noted the Government’s participation in the ILO–IPEC project “Capacity Building Project: Regional Programme on the Worst Forms of Child Labour”. The Committee notes that this project included the following action programmes in Kyrgyzstan:

–      actions against the involvement of children in illicit drug trafficking;

–      organization of information campaigns leading up to the World Day Against Child Labour;

–      strengthening the capacity of the partners to address child labour issues in Issykkul region; and

–      elimination of child labour in the tobacco-growing industry in Kyrgyzstan.

The Committee also notes that a subsequent ILO–IPEC project entitled “Combating Child Labour in Central Asia – Commitment becomes Action” (PROACT–CAR Phase II) began implementation in January 2008. The Committee notes the information in ILO–IPEC TPR that, as of January 2010, activities taken under this framework included awareness-raising events, assistance with the finalization of guidelines for social workers working with the worst forms of child labour, and coordination with labour unions on child labour issues. Action programmes implemented within the PROACT–CAR Phase II include “Preventing child labour in the informal sector through providing educational, rehabilitation opportunities and awareness-raising activities in Osh and Karasuu towns” and “Strengthening the capacity of tripartite committees and mainstreaming of child labour issues into local development plans”. The
ILO–IPEC TPR further indicates that, in the last six months of 2009, 47 children were withdrawn, and an additional 133 children were prevented, from child labour through PROACT–CAR Phase II activities in Kyrgyzstan.

Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the UNESCO information that there had been a decrease in the primary-level net enrolment rate between 1999 and 2005. It also noted increasing drop-out rates, especially among girls forced into marriage and migrant children, who have little access to schools. The Committee noted that, during its transition to a market economy, the Kyrgyz Republic had encountered serious economic and social problems, including an increase in unemployment and poverty which had a negative impact on the most vulnerable sections of the population. However, the Committee noted that the country was moving toward the goal of universal primary enrolment, and had a high chance of achieving the goal by 2015, as well as the gender parity goal in both primary- and secondary-education levels.

The Committee notes the information in the UNESCO report entitled “Education For All (EFA) – Global Monitoring Report 2009” that the primary net enrolment rate was 86 per cent in 2006 (down from 88 per cent in 1999), or approximately 29,000 out-of-school children. The Committee also notes the information in this report that the secondary net enrolment rate was 80 per cent in 2006. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee strongly encourages the Government to renew its efforts to strengthen the functioning of the education system, in particular by increasing the school enrolment rate at both the primary and secondary levels, in order to achieve the EFA goal by 2015. It requests the Government to provide information on the results attained.

Clause (d). Identifying and reaching out to children at special risk. 
1. Poor families. In its previous comments, the Committee noted that the Government was implementing a National Poverty Reduction Strategy, which involved support for vulnerable populations, improvement of legislation to take account of the interests of the family and children and the provision of targeted assistance. The Committee also noted the implementation of the “New Generation” Programme 2010 aimed at reducing poverty levels and establishing conditions to ensure the all-round development of children by targeting at risk families.

The Committee notes the information in the ILO–IPEC TPR that, within the “New Generation” programme, the Ministry of Labour funded 24 social projects within the theme of “Prevention of the worst forms of child labour and social adaptation of children with special needs.” Approximately 4.2 million Kyrgyz som (approximately US$94,545) were allocated for the implementation of these projects. The Committee encourages the Government to continue its efforts to prevent children from poor socio-economic families from being engaged in the worst forms of child labour, particularly within the context of the National Poverty Reduction Strategy and the “New Generation” Programme.

2. 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. The Committee observed that street children were at a greater risk of being engaged in the worst forms of child labour and encouraged the Government to continue to take effective and time-bound measures to protect these children from the worst forms of child labour.

The Committee notes the information on the UNDP Kyrgyzstan web site (www.undp.kg) that there may be up to 15–20,000 street and working children in the country, and approximately 2,000 such children in Bishkek City. The Committee also notes the information in the ILO–IPEC TPR that the UNDP, in collaboration with ILO–IPEC, operates a programme entitled “Vocational Education for Street Children”, providing education to these children at vocational schools in Bishkek. The Committee further notes that the Committee on the Rights of the Child, in its concluding observations in connection with the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, expressed concern about the difficult situation of certain groups of children, 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 therefore requests the Government to redouble its efforts to protect street children from the worst forms of child labour, and to take the necessary measures to provide for their removal, rehabilitation and social integration. The Committee requests the Government to provide information on measures taken in this regard, as well as the results obtained.

Part V of the report form. Application of the Convention in practice. National Child Labour Survey. The Committee previously noted that ILO–SIMPOC was implementing a programme of action in the country in order to carry out a child labour survey and develop a database on child labour. It requested the Government to provide information on progress made in this regard. The Committee notes the information in the ILO–IPEC TPR that the English version of the National Child Labour Survey was due to be presented by the National Statistical Committee in 2009. The Committee requests Government to supply a copy of the report of the National Statistical Committee’s National Child Labour Survey, once it is available.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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 that section 124(1) of the Criminal Code prohibits the trafficking of persons, and section 124(2) specifies that trafficking in persons under 18 is an aggravated offence. However, the Committee noted the Government’s indication to the Committee on the Rights of the Child (CRC) in May 2006 that women and children are trafficked to Turkey, China and the United Arab Emirates for sexual exploitation, and that Kyrgyz citizens have been sold in Kazakhstan to work in tobacco (CRC/C/OPSC/KGZ/1, page 10). In light of this, the Committee requested the Government to take immediate and effective measures to apply section 124 of the Criminal Code and to provide statistical information on the practical application of this provision.

The Committee notes the information in the UNODC Global Report on Trafficking in Persons that state authorities recorded six child victims of trafficking in 2005, and nine such victims in 2006. The Committee also notes the information in the 2008 report on human trafficking in Kyrgyzstan, available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org) (Trafficking Report) that indicates that the Government conducted 33 investigations relating to trafficking in 2007, and 92 such investigations in 2008. This report indicates that, in 2008, the Government prosecuted eight persons for this offence, of which six were convicted. However, this report also indicates that four out of the six offenders received suspended sentences, with two receiving sentences of 3–8 years’ imprisonment. The Committee also notes that the CRC, in its concluding observations in relation to the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (CRC OP-SC) of 2 February 2007, expressed concern that, in a number of cases, investigations and prosecutions had not been initiated (CRC/C/OPSC/KGZ/CO/1, paragraph 17), and that complicity by government officials with traffickers, and corruption, was impeding the effectiveness of prevention measures (paragraph 25). The CRC also expressed regret at the lack of statistical data, and the lack of research on the prevalence of national and cross-border trafficking and the sale of children (paragraph 9).

The Committee expresses its deep concern at allegations of complicity of low-level government officials with human traffickers, and at the lack of complete data on the prevalence of child trafficking in Kyrgyzstan. The Committee therefore requests the Government to take the necessary measures as a matter of urgency to ensure that persons who traffic in children for the purpose of labour or sexual exploitation are in practice prosecuted, and that sufficiently effective and dissuasive penalties are imposed. The Committee also urges the Government to take the necessary measures to ensure that sufficient data on the sale and trafficking of persons under the age of 18 is made available. In this regard, the Committee once again requests the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied for violations of section 124 of the Criminal Code. To the extent possible, all information provided should be disaggregated by sex and age.

Clause (b). Use, procuring or offering of a child for prostitution. In its previous comments, the Committee noted that section 157(1) of the Criminal Code makes it an offence for a person to involve a minor in prostitution. Sections 260 and 261 of the Criminal Code make the enticement into prostitution an offence. Noting the Government’s indication that the number of street children and children in risk groups forced into prostitution was rising, it requested the Government to provide information on the practical application of these provisions of the Criminal Code.

The Committee notes the information in the 2008 report on the worst forms of child labour in Kyrgyzstan (WFCL Report), available on the Office of the High Commissioner for Refugees website (www.unhcr.org), that child commercial sexual exploitation continues to be a problem due in part to the lack of legal regulation and oversight. This report indicates that children from rural areas (primarily girls) are trafficked from rural areas to Bishkek and Osh for commercial sexual exploitation. The Committee also notes that the CRC, in its concluding observations in relation to the OP–SC, expressed concern that in a number of cases of child prostitution, investigations and prosecutions had not been initiated (CRC/C/OPSC/KGZ/CO/1, paragraph 17). The CRC also expressed deep concern that child victims are often stigmatized and socially marginalized and may be held responsible, tried and placed in detention (CRC/C/OPSC/KGZ/CO/1, paragraph 21).

The Committee expresses concern that child prostitution continues in part due to the lack of legal oversight, and that children who are the victims of commercial sexual exploitation risk being regarded as criminals. It therefore requests the Government to take the necessary measures to ensure that children who are used, procured or offered for commercial sexual exploitation are treated as victims rather than offenders. The Committee also requests the Government to provide information on the practical application of the provisions of the Criminal Code relating to child prostitution, in particular by supplying statistics on the number and nature of violations reported, investigations, prosecutions, convictions and sanctions applied. Lastly, the Committee once again requests the Government to indicate whether the national legislation contains provisions criminalizing the client who uses children under 18 years of age for prostitution.

Clause (d). Hazardous work. Children working in agriculture. The Committee previously noted that the Government had approved a detailed list of occupations or works prohibited for persons under 18 years, and had adopted regulatory instruments at the sectoral level prohibiting this group from being engaged in work related to the use and storage of pesticides. The Committee also noted that that section 294 of the Labour Code prohibits the employment of persons under the age of 18 years in work with harmful and dangerous conditions, including in the manufacture of tobacco.

Nonetheless, the Committee notes the indication in the WFCL Report that the use of hazardous child labour in the agricultural sector is widespread, particularly in tobacco, rice and cotton fields, and that these children face dangerous working conditions. The Committee also notes the indication in the WFCL Report that, in rural areas, regulations prohibiting children from engaging in such work are not strictly enforced. In this regard, the Committee notes the statement in the report of the International Confederation of Free Trade Unions (now the International Trade Union Confederation) for the World Trade Organization General Council on the trade policies of Kyrgyzstan of 9 and 11 October 2006, entitled “Internationally recognized core labour standards in Kyrgyzstan” that some schools require children to participate in the tobacco harvest, and that the income from this goes directly to the schools, not the children or their families. This report also indicates that, in some cases, classes are cancelled and children are sent to the fields to pick cotton. Lastly, the Committee notes that the CRC, in its concluding observations of 3 November 2004, expressed concern regarding the use of children as workers by State institutions, and in particular by State educational establishments (CRC/C/15/Add.244, paragraph 59). The Committee expresses its serious concern at the situation of school children who are required to engage in agricultural work in the cotton and tobacco sectors, often under hazardous conditions, and requests the Government to take the necessary measures, as a matter of urgency, to ensure that persons under 18 years of age are protected against this worst form of child labour, including through the enforcement of regulations prohibiting children’s involvement in hazardous agricultural work.

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. 1. Trafficking in children. The Committee previously noted that governmental departments, international agencies and the local media, in collaboration with the International Organization for Migration (IOM), conducted a high-profile awareness campaign on violence against women and trafficking in women and girls and its prevention. The Committee also took note of the Sezim Psychological Crisis Centre in Bishkek, which provided rehabilitation and reintegration services to victims of trafficking, including 30 children.

The Committee notes the information on the IOM website that its collaboration with the Government continues through the IOM programme entitled “Combating Trafficking in Persons in Central Asia: Prevention, Protection and Capacity Building”, which includes awareness raising and assistance for victims. The Committee also notes the information in the Trafficking Report that, while the Government provides no direct funding for shelters or medical assistance to victims, it provides space for three NGO-run shelters, and has improved its process for the repatriation of Kyrgyz nationals who are victims of trafficking. The Trafficking Report also indicates that the Government and NGOs identified 331 trafficking victims in 2007, and 161 victims in 2008. This report further indicates that 117 victims of trafficking received NGO assistance in 2008, 20 of whom were referred to these services by the Government. Observing the disparity between the number of trafficking victims identified, and the number of victims receiving assistance, the Committee requests the Government to strengthen its efforts to provide the necessary and appropriate direct assistance for the removal of child victims of trafficking, and for their rehabilitation and social integration. It requests the Government to provide information on concrete measures taken in this regard, and to supply information on the results achieved, including the number of victims of trafficking under the age of 18 who have participated in the repatriation process, and the number of children receiving rehabilitative assistance, shelter and other services.

2. Children engaged in hazardous work in agriculture. The Committee notes the estimation in the ILO–IPEC Technical Progress Report for the project entitled “Health and rehabilitation of working children in tobacco, rice and cotton fields in Osh and Jalalabat regions” of August 2006 (Agriculture TPR 2006), that child labour in the agricultural sector is quite common in Kyrgyzstan, and that, in the oblast of Jalalabat alone, it is estimated that 125,000 children are involved in agricultural production each year. The Agriculture TPR 2006 indicates that many of these children face work-related risks including injuries resulting from the use of heavy equipment, lack of clean drinking water in the fields, exposure to toxic pesticides, insects and rodents bites, and hazards related to tobacco production (skin irritation and intoxication). However, the Committee notes the statement in the Agriculture TPR 2006 that there is an understanding at the governmental level for the need to develop a comprehensive programme for the elimination of the worst forms of child labour in the agricultural sector. The Committee also notes that various initiatives are being implemented to address this issue, such as the “Elimination of child labour in tobacco growing industry in Kyrgyzstan” project for 2010–12, implemented by the Agricultural Workers’ Union and supported by the ECLT Foundation (within the framework of the PROACT–CAR Phase II) and meetings organized by the ILO Bureau for Employers’ Activities on the role of employers in the elimination of child labour in agriculture in Kyrgyzstan.

Nonetheless, the Committee notes the information in the WFCL Report indicating that, during the cotton and tobacco harvesting season, children in southern Kyrgyzstan frequently miss school to work in the fields, often under hazardous conditions. Therefore, the Committee requests the Government to redouble its efforts to remove and rehabilitate children engaged in hazardous agricultural work, particularly in the cotton, tobacco and rice-growing sectors. The Committee requests the Government to provide information on concrete measures taken in this regard, and the results achieved, including information on the number of children removed and rehabilitated.

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

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee takes note of the Government’s first report and draws its attention to the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that section 124(1) of the Criminal Code makes trafficking in persons – the recruitment, transportation, harbouring, reception, delivery, procurement and sale of persons or other illegal acts with or without their consent, by means of coercion, blackmail, deception, fraud, abduction for the purpose of exploitation or other means of profit – a criminal offence. In this regard, exploitation includes enticing people into criminal activities, forcing them into prostitution or other forms of sexual activity, forced labour or services, slavery, and for use in armed conflicts. The Committee also notes that section 124(2) of the Criminal Code makes these criminal acts in relation to children – a person of either sex who has not reached the age of 18 years – an aggravated offence.

Moreover, the Committee notes that, in its initial report to the Committee on the Rights of the Child on the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography in May 2006 (CRC/C/OPSC/KGZ/1, see section V), the Government has indicated that it is well known that, in the country, victims of trafficking in persons are not only women and children who are exploited in the sex industry in Turkey, China and the United Arab Emirates, but also citizens of Kyrgyzstan who have been sold in Kazakhstan to work on tobacco plantations. In light of the above information, the Committee requests the Government to take immediate and effective measures to apply section 124 of the Criminal Code. In this regard, it requests the Government to provide information on the practical application of this provision, in particular by supplying statistics on the number and nature of violations reported, investigations, prosecutions, convictions and sanctions applied.

2. Forced or compulsory labour. The Committee notes that, by virtue of article 16(19) of the Constitution, everyone has the right to freedom of labour, as well as the right to freely use their skills, and to freely choose their profession and occupation. It also notes that article 28(3) of the Constitution prohibits the forced labour of citizens, except in cases of war, natural disaster, epidemic or in other extraordinary circumstances, and in the execution of a sentence imposed by court. Finally, the Committee notes that section 40 of the Children’s Code prohibits forced labour.

3. Forced recruitment of children for use in armed conflict. The Committee notes that, under the terms of article 24(2) of the Constitution, citizens may be required to perform military service in accordance with legislation. It also notes that, under section 10 of the Compulsory Military Service Act No. 1068-XII of 16 December 1992 (Compulsory Military Service Act), male citizens who on the day of conscription have reached the age of 18 years may be called up for military service. By virtue of section 3 of the Compulsory Military Service Act, female citizens of the Kyrgyz Republic with medical or other specialist training may be recruited for military service only on a voluntary basis on reaching 19 years of age. Moreover, the Committee notes that, according to the information provided by the Government in its initial report to the Committee on the Rights of the Child on the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in the armed conflict of May 2006 (CRC/C/OPAC/KGZ/1, page 2), by virtue of section 11 of the Compulsory Military Service Act, male citizens desiring to pursue their studies at a military academy may be admitted to such an institution at the age of 17 or if they turn 17 in the year they enter the academy. According to the Government, citizens admitted to military academies are deemed to be national servicemen and are called cadets. They are subject to the same obligations as those prescribed for national servicemen. Only Kyrgyz citizens who are 18 years of age at the time of their conscription and are judged fit for military service may perform national service in commands, units and institutions under the jurisdiction of the Kyrgyz Ministry of Defence. Finally, the Committee also notes the Government’s indication that section 124 of the Criminal Code makes the employment of under-age persons in armed conflicts a criminal offence.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that section 157(1) of the Criminal Code makes it an offence for a person to involve a minor in prostitution. Furthermore, sections 260 and 261 of the Criminal Code make the enticement into prostitution an offence. The Committee notes the information provided by the Government in its report that the number of street children and children in risk groups forced into prostitution is rising. Therefore, the Committee requests the Government to provide information on the practical application of sections 157, 260 and 261 of the Criminal Code, in particular by supplying statistics on the number and nature of violations reported, investigations, prosecutions, convictions and sanctions applied. It also requests the Government to indicate whether the national legislation contains provisions criminalizing the client who uses children under 18 years of age for prostitution.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that section 157(1) of the Criminal Code makes it an offence to involve a minor in acts connected with the production of materials and goods of a pornographic nature. It also notes that section 262 of the Criminal Code makes the production or sale of pornographic items an offence.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes the Government’s indication that criminal legislation makes it an offence to use children (boys and girls) in illegal activities, such as drug trafficking, smuggling or the manufacture of drugs. It observes however that the Government does not indicate the legal provisions to this end. According to information available at the Office, section 247(1) of the Criminal Code, as amended by the Law of the Kyrgyz Republic dated 25 June 2007, No. 91, makes the illegal production, purchase, possession, transportation and sale of drugs, psychotropic substances and their analogous or precursors, a criminal offence. The Committee further notes that section 156(1) of the Criminal Code makes it an offence for a person to involve children in the commission of a crime by means of promises, deceit, threats and other means. It also notes that section 156(2) of the Criminal Code, makes the abovementioned act committed by a parent, pedagogue or other person under the legal duty to take care of a child an aggravated offence.

Article 3(d) and Article 4, paragraph 1. Hazardous work and determination of these types of work. The Committee notes that section 294 of the Labour Code prohibits the employment of persons under the age of 18 years in work with harmful and dangerous conditions, underground work, and work the performance of which might cause harm to their health and moral development. It also notes the Government’s indication that the Ministry of Labour and Social Development, with the agreement of the national trade unions and employers’ organizations, drew up a list of industries, occupations and work with heavy and harmful conditions of work in which it is prohibited to employ persons under the age of 18 years. This list was approved by Decree No. 239 of 17 June 2005, which amended Decree No. 314 of 2 July 2001. The Committee takes due note that Decree No. 239 of 17 June 2005 contains a very detailed list of occupations or works, in which persons under 18 cannot be engaged. It also notes the Government’s indication that Decree No. 548 of 3 December 2005 provides for the specific permissible weight limits for the manual lifting and carrying of heavy loads by women and workers under the age of 18 years, and was also approved by the workers’ and employers’ organizations. Moreover, the Committee notes the information provided by the Government that regulatory instruments were also adopted at the sectoral level prohibiting work by children under the age of 18 years in work related to the use, keeping and storage of pesticides in the agricultural sector and work involving care of sick animals.

Article 5. Monitoring mechanism. The Committee notes the information provided by the Government that the State Inspectorate of Labour under the Ministry of Labour and Social Development is responsible for the monitoring and the use of child labour in accordance with the Kyrgyz Republic Act on Occupational Safety. To this end, in 2006, the State Inspectorate of Labour, in conjunction with the Ministry of Labour, implemented a project on “Capacity Building of Staff of the State Inspectorate of Labour of the Kyrgyz Republic” with respect to their duty to monitor compliance with labour legislation concerning the eradication of the worst forms of child labour in the context of the evolving market conditions in the country. The Government also indicates that state inspectors were given training in all regions of the Republic, recommendations were prepared for the development and improvement of monitoring procedures concerning child labour in enterprises and organizations of the Republic, which following discussions with the trade unions and employers will be adopted by the Coordinating Council for Child Labour and the National Tripartite Commission on the Regulation of Social, Labour and related Economic Relations. Moreover, the Committee notes that the Coordinating Council for Child Labour has examined the possibility of including a Child Labour Inspection Unit and others in the establishment of the State Inspectorate of Labour. The Committee takes due note of the measures taken by the Government to improve the Capacity Building of Staff of the State Inspectorate of Labour in the context of child labour and encourages it to pursue its efforts to this end. It also requests the Government to indicate whether the Child Labour Inspection Unit has been established and, if so, to provide information on its functions and responsibilities with regard the worst forms of child labour.

Article 6. Programmes of action. 1. State programmes of action by the social partners. The Committee notes the Government’s indication that a working group was established by Order No. 209 of 6 May 2006 to draw up a Programme of Action by the Social Partners for the Eradication of the Worst Forms of Child Labour. The Committee notes that the draft State Programme of Action by the Social Partners for the Eradication of the Worst Forms of Child Labour (2007–11) was approved by the National Council and is currently under consideration by the Government. The Committee hopes that the Government will adopt the State Programme of Action by the Social Partners for the Eradication of the Worst Forms of Child Labour (2007–11) shortly. It requests the Government to provide information on progress made in this regard.

2. Trafficking in children. The Committee notes the Government’s indication that a preliminary draft State Programme on the Prevention of Trafficking in Persons in the Kyrgyz Republic has been elaborated. This draft State Programme envisages a strategy, priorities and approaches to the prevention, suppression and combating trafficking in persons, including that of children. The Committee expresses its hope that the Government will finalize and adopt the draft State Programme on the Prevention of Trafficking in Persons soon. It requests the Government to provide information on progress made in this regard.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes that the Government has been participating in ILO/IPEC projects, such as the “Capacity Building Project: Regional Programme on the Worst Forms of Child Labour” (funded by USDOL and which was aimed at enhancing the capacity of national institutions to eliminate the worst forms of child labour in the Kyrgyz Republic and sharing information and experiences across Central Asia); and the projects entitled “Elimination of the Worst Forms of Child Labour in the Central Asian Countries through Education and Youth Employment” and “Bipartite and Tripartite Action against Child Labour”. The Committee notes that, while these particular projects came to an end at the end of 2007, there will be some forms of technical assistance continued by ILO/IPEC to be funded by other donors.

Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee takes note that, according to the 2008 Education for All UNESCO Report entitled “Education for All by 2015 – Will we make it?” (2008 EFA UNESCO Report), between 1999 and 2005, the net enrolment ratios in primary‑school level in Kyrgyzstan has decreased. It also notes that, according to information from UNICEF, dropout rates are increasing, especially among girls forced into marriage and migrant children have little access to schools. The Committee notes the information provided by the Government in a report under Convention No. 138 that, during its transition to a market economy, the Kyrgyz Republic has encountered serious economic and social problems, including an increase in unemployment and poverty which have had a negative impact on the most vulnerable sections of the population.

However, the Committee notes that, according to the 2008 EFA UNESCO Report, the country is also moving toward the universal primary enrolment goal and has a high chance of achieving the goal by 2015, as well as the gender parity goal in both primary and secondary education levels. It also notes that, according to 2006 data from UNICEF, the primary net enrolment rate is 86 per cent for girls and 87 per cent for boys. At the secondary school, the net enrolment rate is 81 per cent for girls and 80 per cent for boys. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee strongly encourages the Government to renew its efforts to improve the working of the education system, in particular by increasing the school enrolment rate at both the primary and secondary school levels, in order to achieve the EFA goal by 2015, giving special attention to girls. It requests the Government to provide information on the results attained. The Committee also requests the Government to provide information on the measures taken to integrate children into the informal education system, such as technical and vocational training.

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 notes the information provided by the Government that government departments, international agencies and the local media, in collaboration with the International Organization for Migration (IOM), conducted a high-profile awareness campaign on violence against women and trafficking in women and girls and its prevention through televised debates, cartoon films, printed publications and banners. aimed at the eradication of the worst forms of child labour. The Committee also notes that, in its initial report to the Committee on the Rights of the Child to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography in May 2006 (CRC/C/OPSC/KGZ/1, section VII), the Government has indicated that the Sezim Psychological Crisis Centre for families and women in Bishkek provides rehabilitation and reintegration services including safe living conditions, individual consultations, psychotherapy and legal assistance for victims of trafficking in persons. With help from the office of the IOM in Kyrgyzstan, in April 2004 the security forces returned two under‑age Kyrgyz girls from Azerbaijan, where they had been subjected to sexual exploitation. Upon their return, the girls underwent a rehabilitation course in the Sezim Psychological Crisis Centre. Similar assistance has been provided to over 30 minors who have suffered directly or indirectly from trafficking in persons. The Committee takes due note of this information and strongly encourages the Government to pursue its efforts to provide the necessary and appropriate direct assistance for the removal of children from this worst forms of child labour and for their rehabilitation and social integration. It requests the Government to continue to provide information on the effective and time-bound measures to that end and to supply information on the results achieved.

Clause (d). Identifying and reaching out to children at special risk. 1. Poor families. The Committee notes that the Government is implementing a National Poverty Reduction Strategy, which involves, amongst others, the following approaches: support for vulnerable population groups (children, orphans, disabled persons, and single mothers); improvement of legislation to take account of the interests of the family and children; and the provision of targeted assistance. It also notes the Government’s indication that the introduction in the country of the social passport system for deprived families showed that children living in poor families were more at risk of homelessness and lawbreaking, deprived of the possibility of receiving a basic education and consequently employed as cheap labour.

The Committee also notes the Government’s indication that the Special “New Generation” Programme 2010 which is in implementation in the country approved methods of working with families “at risk” and involves the establishment of Pilot Family and Child Support Units in the district administrations of two districts (Ysyk-Ata and Jumgal) and in the social security divisions (Ministry of Labour and Social Development) of two regions (oblast) Talas and Osh. In the framework of the “New Generation” Programme 2010, in order to identify, support and enlist new resources to solve the problems of children, a competition for social projects was held under the aegis of the Ministry of Labour and Social Development with the theme “Prevention of social orphan hood and exploitation of child labour” and “Prevention of neglect and exploitation of child labour”. Concerning the first theme, a total of 20 projects were implemented. For example, in towns and districts of the Osh region, a refuge was opened for temporary accommodation of neglected children, computer literacy circles were organized, and surgeries were opened to provide medical and health services. One of the projects implemented in the Osh region was aimed at providing rest and convalescence for 20 working children from deprived families. As regards the second theme, of the 77 projects submitted, 23 projects were approved by the Government. Two of the projects were aimed at preventing the exploitation of child labour. The Committee takes due note of the measures taken by the Government to protect children from poor families. It encourages the Government to continue its effort to prevent these children from being engaged in the worst forms of child labour and to provide information on the results achieved.

2. Street children. The Committee notes the Government’s indication that the number of street children forced into prostitution, begging and casual work is rising. In 2005, some 1,148 children, of whom 77 per cent of them not in school, were placed in the Bishkek Centre for the adaptation and rehabilitation of juveniles because of vagrancy. It also notes that the NGO “Every child” is carrying out a project entitled “Prevention and rehabilitation of children living and working in the street in the Osh oblast”. According to the Government, the aim of the project is to reduce the number of children living and working in the street and guarantee the inalienable right of children to grow and be brought up in a family or in a family‑like environment. The project is being carried out in conjunction with the Social Security Administration of Osh and the Osh oblast. As a result of the project, two day centres for street children have been opened and social workers have been trained in social protection and methods of working with street children. Moreover, awareness‑raising measures are being taken in conjunction with the media, government and voluntary organizations. The Committee observes that children from these groups are at greater risk of being engaged in the worst forms of child labour. It therefore strongly encourages the Government to continue to take effective and time-bound measures to protect street children from the worst forms of child labour and to provide information on the results attained in this regard.

Article 8. International cooperation. 1. Regional cooperation. Convention on the legal status of migrant workers in States members of the Commonwealth of Independent States. The Committee notes the Government’s indication that work is in progress on the preparation and adoption by the member States of the Commonwealth of Independent States of a Convention on the legal status of migrant workers and members of their families in States members of the Commonwealth of Independent States. The Government indicates that the draft Convention envisages a provision prohibiting slavery, other forced labour situations, compulsory labour, torture, hard and degrading work, maltreatment or punishment in relation to migrant workers and their families. The Committee requests the Government to provide a copy of the Convention on the legal status of migrant workers and members of their families in States members of the Commonwealth of Independent States once it has been adopted.

2. Poverty elimination. The Committee notes that the Government’s National Poverty Reduction Strategy takes into consideration children’s rights and interests. In this regard, the Government indicates that, in order to free families from poverty, ways were determined to increase the well-being of families by establishing mutual help groups (microcredit), and sharing the experience of pilot family and child support units. The Committee also notes that the special government “New Generation” Programme 2010 aims at reducing poverty levels, establishing conditions which ensure the survival and all-round development of all children in Kyrgyzstan, their participation in social life and strengthening the moral and spiritual upbringing of the rising generation. In the overall structure of national social policy, the “New Generation” programme is a connecting link of national programmes and international agreements and covers all children through eight different approaches, including special protection measures. The Committee requests the Government to provide information on the Government’s National Poverty Reduction Strategy and the “New Generation” Programme 2010, particularly as regards the effective reduction of poverty among children engaged in the worst forms of child labour.

Part V of the report form. Application of the Convention in practice. The Committee notes that the ILO/SIMPOC is implementing a programme of action in the country in order to carry on a child labour survey and develop a database on child labour. The Committee requests the Government to provide information concerning progress made in this regard and to supply a copy of the survey once it has been adopted.