Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

Previous comment

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for the expression of views opposed to the established political, social or economic system. (i) Sanctions for defamation. The Committee notes the adoption of Act No. 101 on Protection from Unreliable (False) Information on August 23, 2021. Section 1 of the Act establishes a ban on the dissemination of unreliable (false) information, which does not correspond to reality and discredits the honour, dignity and business reputation of another person, on the Internet. Section 6 stipulates that a violation of the provisions of the Act shall entail liability according to the national legislation. The Committee requests the Government to provide information on the legislative provisions establishing the nature of the liability and the types of sanctions which may be imposed for a violation of Act No. 101 of 2021.

(ii) Penal sanctions for organization and participation in an illegal religious group. The Committee notes that the Government has not provided information in its report concerning the application in practice of section 196 of the Penal Code of 2019, establishing sanctions involving compulsory labour for organization and participation in an illegal religious group. The Government indicates that similar to section 196 of the Penal Code of 2019, the new penal Code adopted in 2021, in its section 200(1), sets out sanctions of correctional labour of two months to one year or imprisonment for a period up to five years for organization or leadership of an illegal religious group whose activities are carried out under the guise of preaching religious beliefs and performing religious rituals, if it causes significant harm to citizens’ rights or encourages them to abandon social activities or refuse compliance with civic duties, or if it involves minors. Active participation in the activities of such an illegal religious group or its systematic promotion is punishable with correctional labour of one to three years or imprisonment for a period of five to eight years (section 200(2)).

The Committee recalls once again that Article 1(a) of the Convention prohibits the use of forced or compulsory labour, including compulsory prison labour, as a punishment for holding or expressing views ideologically opposed to the established political, social or economic system. While the protection granted by the Convention does not extend to persons who use violence, incite to violence or engage in preparatory acts aimed at violence, penal sanctions involving compulsory labour fall within the scope of the Convention if they enforce a prohibition of the peaceful expression of views or of opposition to the established political, social or economic system (see the Committee’s 2012 General Survey on the fundamental Conventions, paragraphs 302–303). In this regard, the Committee observes that the provisions of section 200 of the Penal Code of 2021 provide for the imposition of penalties involving compulsory labour in circumstances defined in terms which are broad enough to give rise to questions about their conformity with the Convention. The Committee requests the Government to provide information on the application of section 200 of the Penal Code of 2021 in practice, with an indication of whether any court rulings have been handed down under this section, the penalties imposed and the acts giving rise to such rulings, to enable the Committee to assess to what extent these provisions are compatible with the Convention.

Article 1(c). Penal sanctions applicable to public officials. The Committee notes with interest that according to section 348(1) of the Penal Code of 2021, the non-performance or improper performance by an official of his/her duties as a result of negligent behaviour, causing significant harm, is punishable with a fine. The penalty of arrest (which involves deprivation of freedom and an obligation to perform labour) has been removed.