Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Minimum Age Convention, 1973 (No. 138) - Kyrgyzstan (Ratification: 1992)

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:

Repetition

Article 1 of the Convention. National policy. The Committee noted that the Government adopted, by Resolution No. 431 of August 2001, a programme entitled “New Generation” for the period up to 2010, which aims to create conditions that guarantee the survival, growth and overall development of the children in Kyrgyzstan. This state programme provides for the introduction of changes to the existing legislation in order to develop labour relations mechanisms for minors and employers using child labour, as well as to develop standards for defining child labour and prescribe working conditions for children. In 2003, the Government approved Regulation No. 541 of 25 August 2003 establishing a Coordination Council on child labour, consisting of representatives of executive authorities, trade unions and employers’ organizations, NGOs and international organizations. The objectives of the Coordination Council include: developing national policies for the elimination of child labour and its worst forms; ensuring the cooperation of all parties concerned in the elimination of child labour; and defining methods of reforming the national legislation to bring it into line with international standards. It further noted that the Government of Kyrgyzstan is a participating country in the ILO/IPEC subregional project to eliminate the worst forms of child labour. The Committee requests the Government to provide information on the abovementioned projects and policies and the results attained, specifying their contribution to the effective abolition of child labour.

Article 2(1). Scope of application. The Committee noted the Government’s information in its first report that the minimum age provisions apply to work carried out at home or in a business, domestic work, hired work, commercial agriculture, and family and subsistence agriculture. It noted, however, the Government’s indication in its second report that according to the state labour inspectorate, child labour is used in seasonal agricultural work, in carrying goods to the market, in selling soft drinks, etc, which are not covered by the labour legislation. It also noted the Government’s information that child labour is widespread in farms, private enterprises, individual business activities, and self-employment. The Committee further noted the Government’s information that the “Human Rights” National Programme for 2002–10, also addresses child labour, by way of introducing legal protection for children working in the informal sector. The Committee therefore requests the Government to clarify whether the minimum age for employment covers all types of work, including self-employment, and if not to indicate the measures taken to ensure that self-employed children and children working in the informal sector benefit from the protection laid down in the Convention.

Article 6. Vocational training and apprenticeship. The Committee noted that, according to article 32 of the Constitution, the State shall make vocational, specialized secondary and higher education equally accessible to all on the basis of individual capacity. It also noted the Government’s reference to section 95 of the Labour Code according to which for children between 14–16 years who combine study and work in the academic year or who are studying in public schools, basic and intermediate vocational training institutions, the maximum daily working hours shall be 2.5 hours and for those aged between 16 and 18 years the maximum daily working hours shall be 3.5 hours. However, the Government had not provided any information on the work performed by children below the minimum age as part of their education or training. It noted that according to the International Trade Union Confederation (ITUC) report for the World Trade Organization General Council “Review of the trade policies of Kyrgyzstan”, of 10 October 2006, some schools require children to participate in the tobacco harvest. In some cases, classes are cancelled and children are sent to the fields to pick cotton. The income from this goes to the schools and not to the children or their families. The Committee further noted that the Committee on the Rights of the Child (CRC/C/15/Add.244, 2004, concluding observation, page 12, paragraph 60(b)) recommended the State party to take immediate and effective steps to eliminate the practice in state institutions, in particular in educational institutions, of requiring children to work for the profit of these institutions. The Committee requests the Government to take immediate measures to eliminate the practice of requiring children in the state educational institutions to work for the profit of such institutions. It also requests the Government to provide information on the system of vocational training and technical education, conditions prescribed by the relevant competent authority, and on the consultations held with employers’ and workers’ organizations concerned for work done by children authorized as part of vocational or technical education, including information concerning the nature of work done by pupils in schools. The Committee further requests the Government to indicate if the national legislation provides for apprenticeship programmes and, if so, to provide information on the minimum age for apprenticeship, and on the conditions of their work.

Article 7. Light work. The Committee noted that, according to section 18 of the Labour Code, persons who have reached the age of 16 years may work, and in exceptional cases and subject to the agreement of the representative of the workers’ organizations or the state employment authorities, persons who have reached the age of 15 years may be employed. It further states that pupils who have reached the age of 14 years may conclude an employment contract with the written consent of their parents, guardian or trustee 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 reminded the Government that under Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons over 13 years of age for light work on condition that it is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee therefore requests the Government to indicate the manner in which the attendance at school of children working five hours a day is ensured. It also requests the Government to indicate the activities in which light work by children aged 14–16 may be permitted.

Article 8. Artistic performances. The Committee noted that section 297 of the Labour Code prohibits overtime work, work on rest days or non-working days by workers under the age of 18 years, with the exception of creative work in the mass information media, cinematographic organizations, theatres, concerts, circuses and sports. The Committee reminded the Government that Article 8 of the Convention provides for the possibility of granting permits in individual cases for participation of children in activities such as artistic performances. Permits so granted must place limits on the number of working hours during which and prescribe the conditions in which such employment or work is allowed. The Committee therefore requests the Government to provide information on the system of granting individual permits for children participating in artistic performances, the working conditions established and the number of hours for which such work is authorized.

Article 9(1). Penalties. The Committee noted that according to section 446 of the Labour Code any person who violates the provisions of the Labour Code shall be subject to disciplinary, administrative, civil or criminal penalties. The Committee noted the ITUC’s indication in its report of 2006 for the World Trade Organization that although employers found violating the labour law could be charged with disciplinary, financial, administrative or criminal penalties, the penalties imposed in practice are very minimal. The Committee recalled that under Article 9(1) of the Convention, the competent authority shall provide for appropriate penalties to ensure the effective enforcement of the Convention. The Committee asks the Government to provide information on the measures taken or envisaged to impose appropriate and effective penalties for the violation of the provisions relating to child labour.

Article 9(3). Keeping of registers. The Committee noted that the Government’s report does not contain information on this point, nor does the relevant legislation seem to require that a register be kept and made available by the employer. It reminded the Government that Article 9(3) of the Convention provides that national laws or the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer; such registers or documents shall contain the names and ages or dates of birth, duly certified, wherever possible, of persons who are employed or work for them and who are less than 18 years of age. The Committee requests the Government to indicate the measures taken or envisaged to comply with the Convention on this point.

Part III of the report form. Labour inspectorate. The Committee noted the Government’s information that the Attorney-General of the Republic of Kyrgyzstan and the State Labour Inspectorate are responsible for the application and enforcement of labour legislation. Compliance with labour legislation is also monitored by the prosecutor’s office in order to increase the effectiveness of the investigations carried out by the Attorney-General. According to the ITUC’s report, in 2005 the prosecutor’s office conducted only 17 inspections, and there was a lack of inspections in small- and medium-sized businesses, self-employed businesses or family undertakings. The Committee also noted the Government’s information that, the State Labour Inspectorate carry out 30 inspections on child labour every year. In 2005, the State Prosecutor’s Office investigated 115 cases of violations relating to child labour, as a result of which there were 54 acquittals, 56 court orders, 95 employers cautioned and nine employers sentenced to disciplinary measures. The Committee noted the Government’s information that in the General Agreement between the Government of Kyrgyzstan, the Kyrgyzstan Federation of Trade Unions and the Kyrgyzstan Confederation of Employers for 2005–07, the social partners assumed responsibility for the joint supervision of compliance with labour legislation with special emphasis on child labour legislation. The Committee requests the Government to indicate how the State Labour Inspectorate and the Attorney-General enforce specific legislative provisions giving effect to the Convention. It also requests the Government to indicate any measures adopted or envisaged to strengthen the labour inspection, particularly in the informal sector. It further requests the Government to continue to provide information on the labour inspections carried out and the results of the findings.

Part V of the report form. Application of the Convention in practice. The Committee noted that according to the ITUC’s report of 2006, the number of cases of child labour registered remained roughly at 575 cases for the past few years, whereas the actual figure is considerably high and could be up to 125,000. The ITUC also stated that many children are involved in family enterprises, domestic services, agriculture (tobacco, cotton, rice), cattle breeding, gasoline sales, car washing, shoe cleaning, selling products at roadside and retail sales of tobacco and alcohol. It further noted the Government’s statement that in recent years child labour in the country has spread significantly, especially in the private sector, individual business activities, in farms and self-employment. The Committee noted that a National Child Labour Survey is planning to be conducted in Kyrgyzstan with the support of ILO/IPEC’s Statistical Information and Monitoring Programme on Child Labour which is expected to be finalized and presented by the end of 2007. The Committee requests the Government to give information on the manner in which the Convention is applied, including for example, statistical data on the employment of children and young persons, extracts from reports of inspection services and information on the number and nature of violations detected involving children and young persons. It also requests the Government to supply a copy of the report of the National Child Labour Survey, once it is finalized.