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