Observation (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Repetition

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 previously noted that section 124(1) of the Criminal Code prohibits the trafficking of persons, and section 124(2) specifies that trafficking in persons under 18 is an aggravated offence. However, the Committee noted the Government’s indication to the Committee on the Rights of the Child (CRC) in May 2006 that women and children are trafficked to Turkey, China and the United Arab Emirates for sexual exploitation, and that Kyrgyz citizens have been sold in Kazakhstan to work in tobacco (CRC/C/OPSC/KGZ/1, page 10). In light of this, the Committee requested the Government to take immediate and effective measures to apply section 124 of the Criminal Code and to provide statistical information on the practical application of this provision.

The Committee noted the information in the UNODC Global Report on Trafficking in Persons that state authorities recorded six child victims of trafficking in 2005, and nine such victims in 2006. The Committee also noted the information in the 2008 report on human trafficking in Kyrgyzstan, available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org) (Trafficking Report) that indicates that the Government conducted 33 investigations relating to trafficking in 2007, and 92 such investigations in 2008. This report indicates that, in 2008, the Government prosecuted eight persons for this offence, of which six were convicted. However, this report also indicates that four out of the six offenders received suspended sentences, with two receiving sentences of 3–8 years’ imprisonment. The Committee also noted that the CRC, in its concluding observations in relation to the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (CRC OP SC) of 2 February 2007, expressed concern that, in a number of cases, investigations and prosecutions had not been initiated (CRC/C/OPSC/KGZ/CO/1, paragraph 17), and that complicity by government officials with traffickers, and corruption, was impeding the effectiveness of prevention measures (paragraph 25). The CRC also expressed regret at the lack of statistical data, and the lack of research on the prevalence of national and cross-border trafficking and the sale of children (paragraph 9).

The Committee expressed its deep concern at allegations of complicity of low-level government officials with human traffickers, and at the lack of complete data on the prevalence of child trafficking in Kyrgyzstan. The Committee therefore requests the Government to take the necessary measures as a matter of urgency to ensure that persons who traffic in children for the purpose of labour or sexual exploitation are in practice prosecuted, and that sufficiently effective and dissuasive penalties are imposed. The Committee also urges the Government to take the necessary measures to ensure that sufficient data on the sale and trafficking of persons under the age of 18 is made available. In this regard, the Committee once again requests the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied for violations of section 124 of the Criminal Code. To the extent possible, all information provided should be disaggregated by sex and age.

Clause (b). Use, procuring or offering of a child for prostitution. In its previous comments, the Committee noted that section 157(1) of the Criminal Code makes it an offence for a person to involve a minor in prostitution. Sections 260 and 261 of the Criminal Code make the enticement into prostitution an offence. Noting the Government’s indication that the number of street children and children in risk groups forced into prostitution was rising, it requested the Government to provide information on the practical application of these provisions of the Criminal Code.

The Committee noted the information in the 2008 report on the worst forms of child labour in Kyrgyzstan (WFCL Report), available on the Office of the High Commissioner for Refugees website, that child commercial sexual exploitation continues to be a problem due in part to the lack of legal regulation and oversight. This report indicates that children from rural areas (primarily girls) are trafficked from rural areas to Bishkek and Osh for commercial sexual exploitation. The Committee also notes that the CRC, in its concluding observations in relation to the OP–SC, expressed concern that in a number of cases of child prostitution, investigations and prosecutions had not been initiated (CRC/C/OPSC/KGZ/CO/1, paragraph 17). The CRC also expressed deep concern that child victims are often stigmatized and socially marginalized and may be held responsible, tried and placed in detention (CRC/C/OPSC/KGZ/CO/1, paragraph 21).

The Committee expressed concern that child prostitution continues in part due to the lack of legal oversight, and that children who are the victims of commercial sexual exploitation risk being regarded as criminals. It therefore requests the Government to take the necessary measures to ensure that children who are used, procured or offered for commercial sexual exploitation are treated as victims rather than offenders. The Committee also requests the Government to provide information on the practical application of the provisions of the Criminal Code relating to child prostitution, in particular by supplying statistics on the number and nature of violations reported, investigations, prosecutions, convictions and sanctions applied. Lastly, the Committee once again requests the Government to indicate whether the national legislation contains provisions criminalizing the client who uses children under 18 years of age for prostitution.

Clause (d). Hazardous work. Children working in agriculture. The Committee previously noted that the Government had approved a detailed list of occupations or works prohibited for persons under 18 years, and had adopted regulatory instruments at the sectoral level prohibiting this group from being engaged in work related to the use and storage of pesticides. The Committee also noted that 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, including in the manufacture of tobacco.

Nonetheless, the Committee noted the indication in the WFCL Report that the use of hazardous child labour in the agricultural sector is widespread, particularly in tobacco, rice and cotton fields, and that these children face dangerous working conditions. The Committee also noted the indication in the WFCL Report that, in rural areas, regulations prohibiting children from engaging in such work are not strictly enforced. In this regard, the Committee noted the statement in the report of the International Confederation of Free Trade Unions (now the International Trade Union Confederation) for the World Trade Organization General Council on the trade policies of Kyrgyzstan of 9 and 11 October 2006, entitled “Internationally recognized core labour standards in Kyrgyzstan” that some schools require children to participate in the tobacco harvest, and that the income from this goes directly to the schools, not the children or their families. This report also indicates that, in some cases, classes are cancelled and children are sent to the fields to pick cotton. Lastly, the Committee noted that the CRC, in its concluding observations of 3 November 2004, expressed concern regarding the use of children as workers by State institutions, and in particular by State educational establishments (CRC/C/15/Add.244, paragraph 59). The Committee expresses its serious concern at the situation of school children who are required to engage in agricultural work in the cotton and tobacco sectors, often under hazardous conditions, and requests the Government to take the necessary measures, as a matter of urgency, to ensure that persons under 18 years of age are protected against this worst form of child labour, including through the enforcement of regulations prohibiting children’s involvement in hazardous agricultural 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. 1. Trafficking in children. The Committee previously noted that governmental 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. The Committee also took note of the Sezim Psychological Crisis Centre in Bishkek, which provided rehabilitation and reintegration services to victims of trafficking, including 30 children.

The Committee noted the information on the IOM website that its collaboration with the Government continues through the IOM programme entitled “Combating Trafficking in Persons in Central Asia: Prevention, Protection and Capacity Building”, which includes awareness raising and assistance for victims. The Committee also noted the information in the Trafficking Report that, while the Government provides no direct funding for shelters or medical assistance to victims, it provides space for three NGO-run shelters, and has improved its process for the repatriation of Kyrgyz nationals who are victims of trafficking. The Trafficking Report also indicates that the Government and NGOs identified 331 trafficking victims in 2007, and 161 victims in 2008. This report further indicates that 117 victims of trafficking received NGO assistance in 2008, 20 of whom were referred to these services by the Government. Observing the disparity between the number of trafficking victims identified, and the number of victims receiving assistance, the Committee requests the Government to strengthen its efforts to provide the necessary and appropriate direct assistance for the removal of child victims of trafficking, and for their rehabilitation and social integration. It requests the Government to provide information on concrete measures taken in this regard, and to supply information on the results achieved, including the number of victims of trafficking under the age of 18 who have participated in the repatriation process, and the number of children receiving rehabilitative assistance, shelter and other services.

2. Children engaged in hazardous work in agriculture. The Committee noted the estimation in the ILO–IPEC Technical Progress Report for the project entitled “Health and rehabilitation of working children in tobacco, rice and cotton fields in Osh and Jalalabat regions” of August 2006 (Agriculture TPR 2006), that child labour in the agricultural sector is quite common in Kyrgyzstan, and that, in the oblast of Jalalabat alone, it is estimated that 125,000 children are involved in agricultural production each year. The Agriculture TPR 2006 indicates that many of these children face work-related risks including injuries resulting from the use of heavy equipment, lack of clean drinking water in the fields, exposure to toxic pesticides, insects and rodents bites, and hazards related to tobacco production (skin irritation and intoxication). However, the Committee noted the statement in the Agriculture TPR 2006 that there is an understanding at the governmental level for the need to develop a comprehensive programme for the elimination of the worst forms of child labour in the agricultural sector. The Committee also noted that various initiatives are being implemented to address this issue, such as the “Elimination of child labour in tobacco growing industry in Kyrgyzstan” project for 2010–12, implemented by the Agricultural Workers’ Union and supported by the ECLT Foundation (within the framework of the PROACT–CAR Phase II) and meetings organized by the ILO Bureau for Employers’ Activities on the role of employers in the elimination of child labour in agriculture in Kyrgyzstan.

Nonetheless, the Committee noted the information in the WFCL Report indicating that, during the cotton and tobacco harvesting season, children in southern Kyrgyzstan frequently miss school to work in the fields, often under hazardous conditions. Therefore, the Committee requests the Government to redouble its efforts to remove and rehabilitate children engaged in hazardous agricultural work, particularly in the cotton, tobacco and rice-growing sectors. The Committee requests the Government to provide information on concrete measures taken in this regard, and the results achieved, including information on the number of children removed and rehabilitated.

The Committee is raising other points in a request addressed directly to the Government.