Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Kyrgyzstan (Ratification: 1992)

The Committee notes the observations of the Kyrgyzstan Federation of Trade Unions of (KFTU), received on 28 August 2019. According to information from the KFTU, a new draft Law on Trade Unions, initiated by several members of Parliament, was adopted in the first reading. The KFTU considers that the draft violates the national Constitution and the Convention as it regulates in detail the internal functioning of unions. It further alleges acts of interference by the authorities during this process. The Committee requests the Government to provide its comments thereon.

The Committee takes note of the draft Law on Trade Unions. It notes with concern that in addition to regulating in detail the internal functioning of unions by imposing excessive mandatory requirements for trade union by-laws and elections, it imposes a trade union monopoly. The Committee notes the Government’s indication that it has prepared, for submission to Parliament, its comments on the draft Law outlining provisions, which, in its opinion, are not in conformity with national legislation and the Constitution and international labour standards. The Committee requests the Government to make every effort to ensure that the Law on Trade Unions when adopted is in full conformity with the Convention and to provide information on all developments in this regard. The Committee further requests the Government to ensure that the social partners are fully consulted in the process of adoption of legislation affecting their rights and interests.

The Committee reminds the Government of the possibility to avail itself of ILO technical assistance.

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