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

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

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.