Observation (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 138) sur l'âge minimum, 1973 - Kirghizistan (Ratification: 1992)

Autre commentaire sur C138

Observation

Demande directe

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Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted that 672,000 of the 1,467,000 children aged 5–17 years in Kyrgyzstan were economically active. The Committee further noted a number of actions and initiatives undertaken under the ILO–IPEC project entitled “Combating Child Labour in Central Asia – Commitment becomes Action” (PROACT CAR Phase III), which aimed at the prevention and elimination of child labour in Kazakhstan, Kyrgyzstan and Tajikistan.

The Committee notes the Government’s indication in its report that according to the 2014-2015 national child labour survey (CLS), the number of children engaged in child labour decreased from 32.9 per cent in 2007 to 27.8 per cent (414,246 children) in 2014. The Government further highlights that the United Nations Development Assistance Framework (UNDAF) for Kyrgyzstan for the period 2018-2022 sets out a target of reduction in child labour from 27.8 per cent to 22 per cent in 2022. The Committee notes the Government’s information on the adoption of the State Programme to Support Families and Protect Children for 2018–2028, which is the Government’s central policy document on the protection of children, including working children. The Committee further notes the adoption of the Regulations on the Procedure for Identifying Children and Families Living in Difficult Circumstances in 2015. Section 7 of the Regulations provides for measures on the detection and protection of children involved in child labour, including workplace inspections and assessment of working conditions of children. The Government indicates the establishment of a Coordination Council for Social Protection and Children’s Rights in 2015, which also examines issues relating to the prevention and elimination of child labour. The Committee notes the Government’s statement that under the ILO’s International Programme on the Elimination of Child Labour (ILO-IPEC), in the period 2013–19, more than 2,000 children and families received direct services assistance (including medical and legal services, food, school supplies, education and professional training) which prevented or removed over 1,000 children from being engaged in child labour. The Committee takes due note of a number of awareness-raising and educational activities undertaken by the Government with the support of ILO–IPEC to ensure prevention and protection against child labour. While noting the measures taken by the Government, the Committee requests it to pursue its efforts to ensure the reduction of the number of children working under the minimum age (16 years). The Committee also requests the Government to provide information on the results achieved in terms of progressively eliminating child labour, in particular, within the framework of the State Programme to Support Families and Protect Children for 2018–2028.

Article 2(1). Scope of application and labour inspection. The Committee previously noted that the Labour Code, by virtue of its section 18, applies to the parties involved in contractual labour relations, that is the worker and the employer. The Committee noted, however, that the overwhelming majority of child labourers (96 per cent) worked in agriculture or home production, and in terms of work status, the overwhelming majority (95 per cent) were unpaid family workers. The Committee requested the Government to ensure the protection of self-employed children, children in the informal economy and children working on family farms, including by strengthening the labour inspection.

The Committee notes the Government’s indication that the authorities of the Procurator-General’s Office that are responsible for the implementation of labour legislation have identified during inspection visits the cases of the unlawful engagement of minors in work, including work that is harmful for their health and morals (for example, sale of alcoholic drinks, loading and unloading heavy goods, work at night-time or during school hours). The Government also indicates the positive results of the Child Labour Monitoring System (CLMS) introduced with support from the ILO-IPEC Project for Action against Child Labour in Central Asian Countries (PROACT-CAR) in three pilot districts with respect to identification and providing social support to children engaged in child labour, including those working on family farms and in the informal economy. However, the Committee notes from the Government’s report to the Committee on the Rights of the Child of November 2019, that according to the Law on the Procedure for Conducting Inspections of Entrepreneurship Entities of 25 May, 2007 No. 72, labour inspectors are not entitled to carry out unannounced inspections for an employer who intends to violate the rights of working children, since an employer shall be warned in writing about the inspection at least 10 days in advance. The Committee further notes the Government’s indication that the Government Decision No. 586 of 17 December 2018 has introduced a temporary prohibition (moratorium) on business inspections and that the issue on strengthening the labour inspection will be examined in 2021 within the framework of a National Tripartite Commission. The Committee further notes from the 2014-2015 CLS that 96.2 per cent of working children tend to be concentrated in agriculture, while a vast majority of children work as unpaid family workers (92.7 per cent). The Committee requests the Government to continue its efforts to ensure the protection of children in the informal economy and children working on family farms. Referring to its comments made under the Labour Inspection Convention, 1947 (No. 81), the Committee urges the Government to strengthen the functioning of the labour inspectorate in order to enable it to effectively enforce specific legislative provisions giving effect to the Convention and to provide information in this regard. It also requests the Government to provide information on the establishment of CLMS in additional districts in the country.

Article 7. Light work. The Committee previously noted that according to section 18 of the Labour Code, pupils who have reached the age of 14 years may conclude an employment contract with the written consent of their parents, guardians or trustees to perform light work outside school hours, provided that it does not harm their health and does not interfere with their education. The Committee noted that according to sections 91 and 95 of the Labour Code, the working hours for workers aged 14–16 years shall not exceed 24 hours per week, and daily working hours shall not exceed five hours. The Committee further noted that, among non-working children aged 7–17 years, the school attendance rate was estimated to be 97.4 per cent, compared to 94.5 per cent among working children aged 7–17 years, with the difference mainly resulting from the lower school attendance of older working children.

The Committee notes from the 2014-2015 CLS that in 2014, among working children aged 7–17 years, the estimated school attendance rate was 90.4 per cent. The 2014-2015 CLS further indicates that 24.8 per cent of schoolchildren aged 6 years (9,795 children) are working children, whereas 39.5 per cent of schoolchildren aged 7-13 years (318,590 children) are in employment. In addition, according to the 2014-2015 CLS, the average working hours for children aged 14–16 years is 33.6-hour per week, which is beyond the 24-hour limit set out by section 91 of the Labour Code. The Committee notes the Government’s indication that the list of the activities in which light work by children aged 14–16 years may be permitted has not been determined and that this issue will be considered by a tripartite working group on the improvement of legislation which was established by a Directive of the Ministry of Labour and Social Development in May 2019. The Committee urges the Government to take the necessary measures to ensure that children under 14 years of age are not engaged in work or employment. The Committee requests the Government to ensure that the working hours of children aged 14–16 years do not exceed the limits established by section 91 of the Labour Code. The Committee further requests the Government to take the necessary measures to determine light work activities permitted for children aged 14–16 and to provide information on developments in this regard.

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