Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Abolition of Forced Labour Convention, 1957 (No. 105) - Kyrgyzstan (Ratification: 1999)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Communication of texts. The Committee requests the Government to supply, with its next report, copies of laws and regulations on the execution of penal sentences, as well as laws governing political parties and associations.

Article 1(c) of the Convention. Penal sanctions applicable to public officials. The Committee notes that, under section 316(1) of the Penal Code (“Negligence”), the non-performance or improper performance by an official of his/her duties as the result of a negligent attitude, causing substantial harm to legitimate rights and interests of persons or organizations, or to state interests, is punishable by arrest (which involves deprivation of freedom and an obligation to perform labour).

The Committee requests the Government to provide, in its next report, information on the court decisions passed under section 316(1) of the Penal Code, which could define or illustrate its scope, including sample copies of such decisions, in order to enable the Committee to ascertain whether this provision is not used as a means of labour discipline within the meaning of the Convention.