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

Migration for Employment Convention (Revised), 1949 (No. 97) - Kyrgyzstan (Ratification: 2008)

Other comments on C097

Direct Request

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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.

Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes that Law No. 4 of 13 January 2006 on Foreign Labour Migration regulates the employment of immigrant and emigrant workers, including the operations of private agencies. Furthermore, the Committee notes that according to section 2 of the Law, the national labour migration policy should be based on international human rights principles and social protection of migrant workers as well as on national interests. The Committee requests the Government to provide information on the effective implementation of Law No. 4 of 2006, as well as Law No. 61 of 17 July 2000 on external migration, Decree No. 639 of 2006 which regulates labour activities of migrant workers, and any other law related to working and living conditions of migrant workers. Please indicate any obstacles and problems encountered in their implementation. The Committee also requests the Government to indicate the competencies of the Ministry of Labour, Employment and Migration and the State Committee for Migration and Employment with respect to the implementation of the Convention and to indicate information on the implementation of the national labour migration policy.

Articles 2 and 3. Information and misleading propaganda. The Committee notes that a policy is being put in place to inform the public with respect to departure, residence and recruitment of Kyrgyz citizens abroad and is establishing offices for the protection of the rights of migrant workers. The Committee further notes that section 16 of Law No. 4 of 2006 contains the right of migrant workers to be informed about working conditions, remuneration, housing and other conditions and that section 29 of the same Law contains the obligation to take measures against misleading propaganda. The Committee requests the Government to indicate the manner in which the policy operates as well as to provide information on the application of Law No. 4 of 2006 in practice to ensure that migrant workers are not victims of misleading propaganda relating to emigration and immigration.

Article 4. Facilitation of departure, journey and reception of migrant workers. The Committee notes that Law No. 4 of 2006 contains conditions for the departure of migrant workers, but does not contain provisions relating to their protection. The Committee requests the Government to provide information on how migrant workers departing from Kyrgyzstan are protected in practice.

Article 5. Medical services. The Committee notes that according to section 16 of Law No. 4 of 2006, migrant workers must, at the employer’s request, undergo a standard physical examination. The Committee recalls that, while medical testing and the prohibition of entry of persons on the grounds that they may constitute a grave risk to public health is likely to be a routine and responsible precaution prior to permitting entry of non-nationals, the exclusion of individuals on certain medical or personal grounds which do not pose a danger to public health or a burden to public funds may be dated due to scientific developments or changing social attitudes, and some may constitute discrimination. The Committee requests the Government to indicate the objective of the standard physical examination and if it can lead to any changes in the legal status of the migrant worker.

Article 6. Equality of treatment. The Committee recalls that according to section 4 of Law No. 6 of 2000, migration management shall be based on the principles of free choice of place of residence, freedom of labour and movement and the inadmissibility of discrimination on the grounds of ethnic origin, sex, race, nationality, language, religion, political or religious beliefs or any other reason. The Committee notes that section 18 of Law No. 4 of 2006 states that the hiring of migrant workers should be based on the principle of equal rights. The Committee requests the Government to indicate the manner in which section 4 of Law No. 6 of 2000 and section 18 of Act No. 4 of 2006 are implemented in practice, in particular with respect to all the matters enumerated in Article 6(a)–(d).

Article 8. Maintenance of residence in the event of incapacity for work. According to Law No. 61 of 2000, a visa or residence permit can be refused on the grounds that the migrant worker is not able to sustain himself or his dependants. The Committee requests the Government to indicate if this also applies to migrant workers who have been admitted on a permanent basis or to the members of his or her family, because the migrant is unable to follow his or her occupation by reason of illness contracted or injury sustained subsequent to entry.

Article 11. Definition of the term “migrant workers”. The Committee notes that section 3 relating to the scope of Law No. 4 of 2006 excludes, among others, stateless persons, refugees, permanent residents, correspondents and journalists from the scope of its application. The Committee recalls that the rights afforded by the Convention apply to international migrants for employment, refugees and displaced persons, and the family members of migrant workers. These rights apply to the entire active population with the exception of self employed workers but including permanent, temporary and seasonal migrant workers. According to Article 11(2) of the Convention, it does not apply to frontier workers, short-term entry of members of the liberal professions and artistes, and seafarers. The Committee requests the Government to indicate how it is ensured that the categories of migrant workers excluded from the scope of the Law benefit of the rights enshrined in the Convention and to indicate if these categories of migrant workers are covered by another legislative or regulatory text.

Annex I of the Convention. The Committee recalls that the state programme for migration and employment 2010–12 provided for measures for the creation of a system for legal employment of citizens abroad through private employment services. The Committee notes that sections 11 and 15 of Law No. 4 of 2006 regulate the activities of private agencies, which must obtain a permit from the competent authority to undertake the recruitment of foreign workers or of Kyrgyz citizens to work abroad. The Committee further notes that, according to section 11, private agencies have to pay a fee to cover the administrative costs related to the issuance of work permits. The Committee requests the Government to provide detailed information on the legal regime of private agencies as well as the services and the information that they provide. Please indicate whether the services provided to migrant workers by these agencies are free of charge.

Statistical information. Noting that the state programme for migration and employment 2010–12 provided for the creation of a database to record entry and exit of citizens in the country, the Committee requests the Government to provide information concerning the number of incoming and outgoing migrant workers, the sectors of occupation and whether they migrated with the assistance of an employment agency or not.