Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Articles 1(1) and 2(1) of the Convention. Freedom of career military personnel to leave their service. The Committee previously noted that under section 18 of the Act on the Status of Military Personnel and section 64 of the Act on the General Military Duties of Citizens, military officers can leave the service at their own request for family reasons or other important reasons, after they have completed ten years of service. The Committee recalls, referring also to the explanations provided in paragraphs 46 and 96 of its General Survey of 2007 on the eradication of forced labour, that the provisions of the Convention exempting compulsory military service from the definition of forced labour do not apply to career military personnel, and that career members of the armed forces cannot be denied the right to leave the service in peacetime, either at certain reasonable intervals or by means of notice of reasonable length.

The Committee therefore requests the Government to indicate the measures taken to ensure, both in law and in practice, that military officers and other career members of the armed forces can leave the service in peacetime at their own request without indicating any specific reason, or that the reasons they put forward must be accepted by the authorities. Pending the adoption of such measures, please supply information on the application in practice of sections 18 and 64 referred to above, indicating the number of applications to resign accepted or refused, and the reasons for refusal.

Article 2(2)(c). Prison labour. In its earlier comments, the Committee referred to section 56 of the Correctional Labour Code, according to which all convicts must work, and such work shall be performed, as a general rule, at enterprises belonging to the executive penal system, but in some cases at enterprises of other ministries and departments. The Committee again requests the Government to indicate, in its next report, what guarantees are provided to ensure that convicted prisoners are not hired to or placed at the disposal of private individuals, companies or associations. Please also provide copies of rules or regulations governing the work of prisoners, as well as information on their application in practice.

Article 2(2)(d). Legislation concerning cases of emergency. The Committee has noted the provisions of article 10 of the Constitution of the Kyrgyz Republic concerning the declaration of a state of exception in Kyrgyzstan. It requests the Government to indicate, in its next report, what guarantees are provided to ensure that the power to call up labour during the state of exception is limited to what is strictly required by the exigencies of the situation. Please also indicate whether there is an intention to adopt a constitutional law on this subject, to which reference is made in article 10(1) of the Constitution.

Articles 1(1), 2(1) and 25. 1. Trafficking in persons. The Committee has noted the adoption of Act No. 55 of 17 March 2005 on preventing and combating trafficking in human beings. It requests the Government to provide, in its next report, information on the application of this Act in practice, supplying copies of any relevant reports, studies and inquiries and indicating measures taken to prevent, suppress and punish trafficking in persons for the purpose of exploitation. Please also provide information on the application in practice of section 124 of the Penal Code (“Trafficking in Persons”), supplying sample copies of the court decisions and indicating penalties imposed on perpetrators.

2. Penal sanctions for the illegal exaction of forced or compulsory labour. Please provide information on the application in practice of section 125 (“illegal deprivation of a person’s freedom”) and section 143 (“gross violation of the labour legislation”) of the Penal Code, indicating, in particular, whether these sections may be used to punish the illegal exaction of forced or compulsory labour. Please furnish information on any legal proceedings which have been instituted as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed.