Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret 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:

In its previous comments, the Committee had noted the 1991 Act concerning public associations which guarantees the right of citizens of Kyrgyzstan and of the former USSR to join a public association and the right of foreigners to join associations, in accordance with the rules of those associations (section 9).

Given that section 6 of the Act stipulates a membership of at least 500 citizens as a condition for forming a trade union at the national level, the Committee emphasizes that, in its General Survey on freedom of association and collective bargaining of 1994 in paragraph 63, it indicated that restrictions which make citizenship a precondition of membership of a trade union may prevent migrant workers or foreign workers from playing an active role in the defence of their interests, including the right to strike. In addition, the Committee requests the Government to indicate whether workers are able to form trade unions at the enterprise, sectoral or occupational levels and to specify any minimum membership that is required in order to establish such trade unions.

The Committee emphasizes that Articles 2 and 10 of the Convention guarantee the right of all workers without distinction to establish organizations of their own choosing in the defence of their occupational interests and that Article 3 stipulates that workers’ organizations must have the right to organize their programmes without any interference from the public authorities. The Committee therefore requests the Government to indicate in its next report any measures taken or contemplated to ensure that all workers legally resident in its territory, whether Kyrgyzstan nationals or foreigners, enjoy the trade union rights provided for by the Convention, including the right to strike, without any distinction based on nationality. It also requests the Government to ensure that workers can elect their own representatives freely.

The Committee furthermore requests the Government to provide with its next report a copy of the Penal Code currently in force and to specify whether there are still provisions in force similar to sections 190(3) and 24 of the Criminal Code of the former USSR (which, read together, impose restrictions on the right of workers to participate in collective action aimed at disrupting transport services or public and social enterprises or establishments, and makes such action punishable by imprisonment for up to three years), or the Presidential Decree of 16 May 1991 concerning emergency measures to ensure the stability of work in branches of economic activity that are essential to the national economy. If such provisions are in force, the Committee requests the Government to consider amending or repealing them.

The Committee also requests the Government to indicate whether the provisions allowing trade unions or workforce collectives to impose disciplinary sanctions on workers in undertakings for breaches of labour discipline (such as sections 138 and 150 of the Labour Code) have been repealed and, if not, to consider repealing or amending them.

Lastly, the Committee requests the Government to provide with its next report a copy of the text of the Labour Code currently in force, including any amendments made since 1993, and any text governing the right to organize, the settlement of collective disputes and the right to strike, with regard not only to citizens of Kyrgyzstan but also to foreign workers legally resident in the country.