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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 3 of the Convention. Right of workers’ organizations to organize their activities. The Committee recalls that in its previous comment it had welcomed the Government’s indication that a tripartite Working Group on the Improvement of Labour Legislation established in 2019 would examine, in 2019-2020, the issue of the quorum required for a strike ballot, considered by the Committee as too high, as well as the issue of minimum services requirement, with a view to bringing the Labour Code provisions into conformity with the Convention.

The Committee notes the Government’s indication that due to the COVID-19 pandemic situation, as well as a conflictual situation within the Federation of Trade Unions of Kyrgyzstan (FPK) between its previous and current leadership, the Tripartite Republican Commission has not met for a long period. The Government indicates, however, that the question of lowering the quorum will be discussed by the Tripartite Republican Commission and reiterates its understanding of the need to amend the Labour Code so as to ensure that the minimum service requirement is imposed only in respect of the operations which are strictly necessary to meet the basic needs of the population or to ensure that the relevant services operate safely or without interruption. The Committee expects that the Government will be in a position to report tangible progress in this regard in its next report.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee recalls that it had previously noted with concern that the provisions of the draft Law on Trade Unions, developed upon the initiative of several members of Parliament, regulated in detail the internal functioning of unions by imposing excessive mandatory requirements for trade union by-laws and elections, and imposed a trade union monopoly. The Committee had noted in this respect the concerns expressed by the International Trade Union Confederation (ITUC) and the Federation of Trade Unions of Kyrgyzstan (FPK). The Committee notes the Government’s indication that in its observations on the draft, based on the comments provided by the International Labour Office, the Government concluded that the draft was not in conformity with the national Constitution, nor with international labour standards. Taking into account the position of the Government, the President of the Republic vetoed the draft law on two occasions. The Committee on Freedom of Association (CFA) examined the allegations of noncompliance of the vetoed draft Law on Trade Unions with freedom of association in Case No. 3386 (Report No. 396, November 2021) and drew the legislative aspects of this case to the attention of the Committee. The Committee notes that in December 2021, the President of the Republic vetoed the draft law for a third time. The Committee notes with interest the information, outlined by the Government in its report on the application of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), regarding the process of the labour legislation inventory undertaken by the Ministry of Labour and Social Development, as per Presidential Order No. 26 of 8 February 2021, with a view to bringing the legislation into conformity with ratified conventions. The Committee requests the Government to take the necessary measures to ensure that the FPK is included in the above-mentioned inventory process with a view to ensuring that any amendments to the Law on Trade Unions in force or any new proposed draft Law on Trade Unions are subject to full and meaningful consultations with the social partners and that any new legislative provisions affecting trade union rights are in full conformity with the Convention. The Committee requests the Government to provide information on all developments in this regard and reminds it of the possibility to continue to avail itself of ILO technical assistance.

The Committee recalls that in their September 2020 communications, the ITUC and the FPK alleged reprisals against FPK leaders and interference in FPK financial activities thereby paralyzing its work. The Committee regrets that the Government provides no information in this regard. The Committee further notes that in the above-mentioned case, the CFA examined similar allegations in the absence of the Government’s reply and urged the Government to conclude without delay any pending investigation involving the FPK and its affiliates, to return all documents concerning their internal administration and to ensure that its bank accounts can be used to conduct their legitimate trade union activities. The Committee requests the Government to provide detailed information on all allegations of interference into the FPK activities and reprisals against its leaders and activists, including actions taken by the Government in response to any such interference and reprisals.

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

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 3 of the Convention. Right of workers’ organizations to organize their activities. The Committee recalls that in its previous comments it had noted that pursuant to section 437 of the Labour Code, the decision to call a strike should be taken by a meeting (conference) of workers, that a minimum of two thirds of the total number of workers (delegates) should be present at that meeting (conference) and that the decision to strike should be taken by at least half of the number of workers present. Considering that the quorum set out for a strike was too high and may potentially impede recourse to strike, particularly in large enterprises, the Committee had requested the Government to take the necessary measures to amend this provision so as to lower the quorum required for a strike ballot. The Committee had also requested the Government to specify the sectors of activities in which the minimum services should be maintained.

The Committee notes the Government’s understanding of the need to amend the Labour Code so as to ensure that the minimum service requirement is imposed only in respect of the operations which are strictly necessary to meet the basic needs of the population or to ensure that the relevant services operate safely or without interruption. The Committee further notes the Government’s indication that the Federation of Trade Unions of Kyrgyzstan prepared a draft law to amend the Labour Code with a view to reduce the strike quorum. The Committee welcomes the Government’s indication that these questions will be examined in 2019–20 by the tripartite Working Group on the Improvement of Labour Legislation established by an order of the Minister of Labour and Social Development of 3 May 2019.  The Committee requests the Government to provide information on all developments in this regard.

The Committee notes the information provided by the Government regarding the application of section 440(b) of the Labour Code by which it confirms that strikes in services such as air, railway and water transport and communication are prohibited only if the strike endangers the defence and security of the State, as well as the life and health of the population.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the observations of the International Trade Union Confederation (ITUC) and the Kyrgyzstan Federation of Trade Unions (FPK) received on 16 and 30 September 2020, respectively. The Committee notes that the ITUC and the FPK express their concern at the provisions of the draft Law on Trade Unions, which had been initiated by several members of Parliament and passed the second reading. According to both organizations, the draft law establishes a single trade union system, regulates in detail the organizational detail and functioning of trade unions and sets out broad criteria for dissolution of trade union organizations. Furthermore, the ITUC and the FPK allege reprisals against FPK leaders and interference in FPK financial activities thereby paralyzing its work. The Committee requests the Government to provide its comments thereon.

In the absence of supplementary information from the Government, the Committee reiterates its comments adopted in 2019 and reproduced below.

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, which reiterates the content of its previous request adopted in 2019.

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

Article 3 of the Convention. Right of workers’ organizations to organize their activities. The Committee recalls that in its previous comments it had noted that pursuant to section 437 of the Labour Code, the decision to call a strike should be taken by a meeting (conference) of workers, that a minimum of two thirds of the total number of workers (delegates) should be present at that meeting (conference) and that the decision to strike should be taken by at least half of the number of workers present. Considering that the quorum set out for a strike was too high and may potentially impede recourse to strike, particularly in large enterprises, the Committee had requested the Government to take the necessary measures to amend this provision so as to lower the quorum required for a strike ballot. The Committee had also requested the Government to specify the sectors of activities in which the minimum services should be maintained.

The Committee notes the Government’s understanding of the need to amend the Labour Code so as to ensure that the minimum service requirement is imposed only in respect of the operations which are strictly necessary to meet the basic needs of the population or to ensure that the relevant services operate safely or without interruption. The Committee further notes the Government’s indication that the Federation of Trade Unions of Kyrgyzstan prepared a draft law to amend the Labour Code with a view to reduce the strike quorum. The Committee welcomes the Government’s indication that these questions will be examined in 2019–20 by the tripartite Working Group on the Improvement of Labour Legislation established by an order of the Minister of Labour and Social Development of 3 May 2019. The Committee requests the Government to provide information on all developments in this regard.

The Committee notes the information provided by the Government regarding the application of section 440(b) of the Labour Code by which it confirms that strikes in services such as air, railway and water transport and communication are prohibited only if the strike endangers the defence and security of the State, as well as the life and health of the population.

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

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.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with regret that the Government’s report has not been received. The Committee notes that the Labour Code (2004) has been amended in 2015. The Committee regrets that the amendments did not take into account its previous comment. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2014.

Repetition

Article 3 of the Convention. Right of workers’ organizations to organize their activities. The Committee recalls that in its previous comments it had noted that pursuant to section 437 of the Labour Code, the decision to call a strike should be taken by a meeting (conference) of workers, that a minimum of two thirds of the total number of workers (delegates) should be present at that meeting (conference) and that the decision to strike should be taken by at least half of the number of workers present. Considering that the quorum set out for a strike is too high and may potentially impede recourse to strike, particularly in large enterprises, the Committee once again requests the Government to take the necessary measures to amend this provision so as to lower the quorum required for a strike ballot and to indicate the measures taken or envisaged in this regard.

The Committee further recalls that it had noted that the same legislative provision imposes an obligation to indicate, in the strike notice, the minimum services to be maintained during the strike. The Committee once again requests the Government to specify the sectors of activity in which the minimum services should be maintained.

The Committee also recalls that, under section 440(b) of the Labour Code, strikes are prohibited in essential services – which include air, railway and water transport and communication – if the strike would endanger the defence and security of the State, as well as the life and health of the population. The Committee further recalls that it had noted in this respect the Government’s indication that workers engaged in the abovementioned fields of activity did not enjoy the right to call a strike. In light of this indication, the Committee had requested the Government to amend section 440(b) of the Labour Code. Considering that air, railway and water transport and communication in general (with the exception of air traffic control and telephone services) are not essential services in the strict sense of the term, the Committee recalls that the right to strike can be restricted or prohibited in the event of an acute national crisis, in case of public servants exercising authority in the name of the State or in essential services in the strict sense of the term; that is, those the interruption of which would endanger the life, personal safety or health of the whole or part of the population. The Committee considers, however, that in order to avoid damages which are irreversible or out of all proportion to the occupational interests of the parties to the dispute, as well as damages to third parties, namely the users or consumers who suffer the economic effects of collective disputes, the authorities could establish a system of minimum services in such services, which are of public utility, rather than impose an outright ban on strikes. The Committee therefore once again requests the Government to take the necessary measures to amend the relevant provisions of the Labour Code and requests the Government to provide information on the measures taken in this regard.

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

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. The Committee also notes that the Labour Code (2004) has been amended in 2015. The Committee regrets that the amendments did not take into account its previous comment which concerned the following issues.

Article 3 of the Convention. Right of workers’ organizations to organize their activities. The Committee recalls that in its previous comments it had noted that pursuant to section 437 of the Labour Code, the decision to call a strike should be taken by a meeting (conference) of workers, that a minimum of two thirds of the total number of workers (delegates) should be present at that meeting (conference) and that the decision to strike should be taken by at least half of the number of workers present. Considering that the quorum set out for a strike is too high and may potentially impede recourse to strike, particularly in large enterprises, the Committee once again requests the Government to take the necessary measures to amend this provision so as to lower the quorum required for a strike ballot and to indicate the measures taken or envisaged in this regard.

The Committee further recalls that it had noted that the same legislative provision imposes an obligation to indicate, in the strike notice, the minimum services to be maintained during the strike. The Committee once again requests the Government to specify the sectors of activity in which the minimum services should be maintained.

The Committee also recalls that, under section 440(b) of the Labour Code, strikes are prohibited in essential services – which include air, railway and water transport and communication – if the strike would endanger the defence and security of the State, as well as the life and health of the population. The Committee further recalls that it had noted in this respect the Government’s indication that workers engaged in the abovementioned fields of activity did not enjoy the right to call a strike. In light of this indication, the Committee had requested the Government to amend section 440(b) of the Labour Code. Considering that air, railway and water transport and communication in general (with the exception of air traffic control and telephone services) are not essential services in the strict sense of the term, the Committee recalls that the right to strike can be restricted or prohibited in the event of an acute national crisis, in case of public servants exercising authority in the name of the State or in essential services in the strict sense of the term; that is, those the interruption of which would endanger the life, personal safety or health of the whole or part of the population. The Committee considers, however, that in order to avoid damages which are irreversible or out of all proportion to the occupational interests of the parties to the dispute, as well as damages to third parties, namely the users or consumers who suffer the economic effects of collective disputes, the authorities could establish a system of minimum services in such services, which are of public utility, rather than impose an outright ban on strikes. The Committee therefore once again requests the Government to take the necessary measures to amend the relevant provisions of the Labour Code and requests the Government to provide information on the measures taken in this regard.

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

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 3 of the Convention. Right of workers’ organizations to organize their activities. The Committee recalls that in its previous comments it had noted that pursuant to section 437 of the Labour Code (2004), the decision to call a strike should be taken by a meeting (conference) of workers, that a minimum of two-thirds of the total number of workers (delegates) should be present at that meeting (conference) and that the decision to strike should be taken by at least half of the number of workers present. Considering that the quorum set out for a strike is too high and may potentially impede recourse to strike, particularly in large enterprises, the Committee had requested the Government to take the necessary measures to amend its legislation so as to lower it. The Committee regrets that the Government’s report contains no information on the measures taken to that end. It therefore once again requests the Government to take the necessary measures to amend its legislation so as to lower the quorum required for a strike ballot and to indicate the measures taken or envisaged in this regard.

The Committee further recalls that it had noted that the same legislative provision imposes an obligation to indicate, in the strike notice, the minimum services to be maintained during the strike. The Committee had requested the Government to specify the sectors of activity in which the minimum services should be maintained. The Committee regrets that no information has been provided by the Government in this respect. It therefore reiterates its previous request.

The Committee also recalls that it had requested the Government to amend section 440(b) of the Labour Code, pursuant to which strikes are prohibited in the air, railway and water transport and communication services. The Committee regrets that the Government provides no information on the measures taken to that end. Considering that air, railway and water transport and communication in general (with the exception of air traffic control and telephone services) are not essential services in the strict sense of the term, the Committee recalls that the right to strike can be restricted or prohibited in the event of an acute national or local crisis, in case of public servants exercising authority in the name of the State or in essential services in the strict sense of the term; that is, those the interruption of which would endanger the life, personal safety or health of the whole or part of the population. The Committee considers, however, that in order to avoid damages which are irreversible or out of all proportion to the occupational interests of the parties to the dispute, as well as damages to third parties, namely the users or consumers who suffer the economic effects of collective disputes, the authorities could establish a system of minimum services in such services, which are of public utility, rather than impose an outright ban on strikes. The Committee therefore once again requests the Government to take the necessary measures to amend the relevant provisions of the Labour Code and requests the Government to provide information on the measures taken in this regard.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 3 of the Convention. Right of workers’ organizations to organize their activities. The Committee recalls that in its previous direct request it had noted that pursuant to section 437 of the Labour Code (2004), the decision to call a strike should be taken by a meeting (conference) of workers, that a minimum of two-thirds of the total number of workers (delegates) should be present at that meeting (conference) and that the decision to strike should be taken by at least half of the number of workers present. Considering that the quorum set out for a strike is too high and may potentially impede recourse to strike action, particularly in large enterprises, the Committee had requested the Government to take the necessary measures to amend its legislation so as to lower the quorum required for a strike ballot and to indicate the measures taken or envisaged in this regard. The Committee notes that in its report, the Government indicates that lowering the number of workers currently required to be present at the meeting is senseless. The Committee once again recalls that the quorum of two-thirds of workers set out for a strike ballot may be difficult to reach and may potentially impede recourse to strike action, particularly in large enterprises. It therefore once again requests the Government to take the necessary measures to amend its legislation so as to lower the quorum required for a strike ballot and to indicate the measures taken or envisaged in this regard.

The Committee further recalls that it had noted that the same legislative provision imposes an obligation to indicate, in the strike notice, the possible duration of the strike as well as to provide proposals on the minimum services to be maintained during the strike. The Committee requested the Government to indicate whether workers could declare a strike for an indefinite period of time, and to specify the sectors of activity in which the minimum services should be maintained. The Committee notes that according to the Government, a strike can be of an indefinite length. With regard to the minimum services, the Committee regrets that no information has been provided by the Government. It therefore once again requests the Government to specify the sectors in which minimum services should be maintained in the event of a strike.

The Committee also recalls that under section 440(b) of the Code, strikes are prohibited in essential services – which include air, railway and water transport and communication – if the strike would endanger the defence and security of the State, as well as the life and health of the population. Considering that air, railway and water transport and communication in general (with the exception of air traffic control and telephone services) are not essential services in the strict sense of the term, the Committee requested the Government to clarify whether workers employed in these services enjoy the right to strike. The Committee notes that the Government confirms that workers engaged in the abovementioned services do not enjoy the right to strike. The Committee once again recalls that the right to strike can be restricted or prohibited in the event of an acute national or local crisis, in case of public servants exercising authority in the name of the State or in essential services in the strict sense of the term, in other words, those the interruption of which would endanger the life, personal safety or health of the whole or part of the population, and that air, railway and water transport and communication in general (with the exception of air traffic control and telephone services) are not essential services in the strict sense of the term. The Committee considers, however, that in order to avoid damages which are irreversible or out of all proportion to the occupational interests of the parties to the dispute, as well as damages to third parties, namely the users or consumers who suffer the economic effects of collective disputes, the authorities could establish a system of minimum services in such services, which are of public utility, rather than impose an outright ban on strikes. The Committee therefore requests the Government to take the necessary measures to amend the Labour Code so as to bring it into conformity with the Convention. It requests the Government to provide information on the measures taken or envisaged in this regard.

The Committee regrets that the Government provides no observations on the 2009 and 2010 comments of the International Trade Union Confederation (ITUC) on the application on the Convention in law and practice. The Committee urges the Government to provide its observations thereon and in particular, on the allegation that the amendments made in 2008 to the Act on Public Assembly introduced a number of restrictions on the conduct of public meetings, which, while not directly aimed at trade unions, could nevertheless impair trade union activities.

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

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

The Committee notes the comments on the application on the Convention in law and practice submitted by the International Trade Union Confederation (ITUC) on 24 August 2010. The Committee requests the Government to provide its observations thereon as well as on the comments submitted by ITUC in 2009.

The Committee 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.

The Committee notes the Labour Code of 2004 and wishes to raise, in this respect, the following points.

Article 3 of the Convention. The Committee notes that the decision to call a strike should be taken by the meeting (conference) of workers (section 437 of the Code). According to this provision, a minimum of two thirds of the total number of workers (delegates) should be present at the meeting (conference) and the decision to strike should be taken by at least half of the number of workers present. Considering that the quorum set out for a strike is too high and may potentially impede recourse to strike action, particularly in large enterprises, the Committee requests the Government to take the necessary measures to amend its legislation so as to lower the quorum required for a strike ballot and to indicate the measures taken or envisaged in this regard.

The Committee notes that section 437 of the Code imposes the obligation to indicate, in the strike notice, the possible duration of the strike as well as to provide proposals on the minimum services to be maintained during the strike. The Committee requests the Government to indicate whether workers can declare a strike for an indefinite period of time. It further requests the Government to specify the sectors of activity in which the minimum services should be maintained.

The Committee notes that under section 440(b) of the Code, the strike is prohibited in essential services – which include air, railway and water transport and communication – if the strike would endanger the defence and security of the State, as well as the life and health of the population. The Committee recalls that the right to strike can be restricted or prohibited in the event of an acute national emergency, in the public services or in essential services in the strict sense of the term, i.e. those the interruption of which would endanger the life, personal safety or health of the whole or part of the population (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 159). Considering that air, railway and water transport and communication in general (with the exception of air traffic control and telephone services) are not essential services in the strict sense of the term, the Committee requests the Government to clarify whether workers employed in these services enjoy the right to strike.

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

The Committee notes with regret that the Government’s report has not been received. The Committee notes the comments on the application on the Convention in law and practice submitted by the International Trade Union Confederation (ITUC) on 24 August 2010. The Committee requests the Government to provide its observations thereon as well as on the comments submitted by ITUC in 2009.

The Committee 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.

The Committee notes the Labour Code of 2004 and wishes to raise, in this respect, the following points.

Article 3 of the Convention. The Committee notes that the decision to call a strike should be taken by the meeting (conference) of workers (section 437 of the Code). According to this provision, a minimum of two thirds of the total number of workers (delegates) should be present at the meeting (conference) and the decision to strike should be taken by at least half of the number of workers present. Considering that the quorum set out for a strike is too high and may potentially impede recourse to strike action, particularly in large enterprises, the Committee requests the Government to take the necessary measures to amend its legislation so as to lower the quorum required for a strike ballot and to indicate the measures taken or envisaged in this regard.

The Committee notes that section 437 of the Code imposes the obligation to indicate, in the strike notice, the possible duration of the strike as well as to provide proposals on the minimum services to be maintained during the strike. The Committee requests the Government to indicate whether workers can declare a strike for an indefinite period of time. It further requests the Government to specify the sectors of activity in which the minimum services should be maintained.

The Committee notes that under section 440(b) of the Code, the strike is prohibited in essential services – which include air, railway and water transport and communication – if the strike would endanger the defence and security of the State, as well as the life and health of the population. The Committee recalls that the right to strike can be restricted or prohibited in the event of an acute national emergency, in the public services or in essential services in the strict sense of the term, i.e. those the interruption of which would endanger the life, personal safety or health of the whole or part of the population (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 159). Considering that air, railway and water transport and communication in general (with the exception of air traffic control and telephone services) are not essential services in the strict sense of the term, the Committee requests the Government to clarify whether workers employed in these services enjoy the right to strike.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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:

The Committee notes the comments on the application of the Convention in law and in practice submitted by the International Trade Union Confederation (ITUC). The Committee requests the Government to provide its observations thereon.

The Committee notes the Labour Code of 2004 and wishes to raise in this respect the following points.

Article 3 of the Convention. The Committee notes that the decision to call a strike should be taken by the meeting (conference) of workers (section 437 of the Code). According to this provision, a minimum of two-thirds of the total number of workers (delegates) should be present at the meeting (conference) and the decision to take a strike should be taken by at least half of the number of workers present. Considering that the quorum set out for a strike is too high and may potentially impede recourse to strike action, particularly in large enterprises, the Committee requests the Government to amend its legislation so as to lower the quorum required for a strike ballot and to indicate the measures taken or envisaged in this regard.

The Committee notes that section 437 of the Code imposes the obligation to indicate, in the strike notice, the possible duration of the strike as well as to provide proposal on the minimum services to be maintained during the strike. The Committee requests the Government to indicate whether workers can declare a strike for an indefinite period of time. It further requests the Government to specify the sectors of activity in which the minimum services should be maintained.

The Committee notes that under section 440(b) of the Code, the strike is prohibited in essential services – which include air, railway and water transport and communication – if the strike would endanger the defence and security of the State, as well as the life and health of the population. The Committee recalls that the right to strike can be restricted or prohibited in the event of an acute national emergency, in the public services or in essential services in the strict sense of the term, i.e. those the interruption of which would endanger the life, personal safety or health of the whole or part of the population (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 159). Considering that air, railway and water transport and communication in general (with the exception of air traffic control and telephone services) are not essential services in the strict sense of the term, the Committee requests the Government to clarify whether workers employed in these services enjoy the right to strike.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It further notes the comments on the application of the Convention in law and in practice submitted by the International Trade Union Confederation (ITUC) in a communication dated 29 August 2008. The Committee requests the Government to provide its observations thereon.

The Committee notes the Labour Code of 2004 and wishes to raise in this respect the following points.

Article 3 of the Convention. The Committee notes that the decision to call a strike should be taken by the meeting (conference) of workers (section 437 of the Code). According to this provision, a minimum of two-thirds of the total number of workers (delegates) should be present at the meeting (conference) and the decision to take a strike should be taken by at least half of the number of workers present. Considering that the quorum set out for a strike is too high and may potentially impede recourse to strike action, particularly in large enterprises, the Committee requests the Government to amend its legislation so as to lower the quorum required for a strike ballot and to indicate the measures taken or envisaged in this regard.

The Committee notes that section 437 of the Code imposes the obligation to indicate, in the strike notice, the possible duration of the strike as well as to provide proposal on the minimum services to be maintained during the strike. The Committee requests the Government to indicate whether workers can declare a strike for an indefinite period of time. It further requests the Government to specify the sectors of activity in which the minimum services should be maintained.

The Committee notes that under section 440(b) of the Code, the strike is prohibited in essential services – which include air, railway and water transport and communication – if the strike would endanger the defence and security of the State, as well as the life and health of the population. The Committee recalls that the right to strike can be restricted or prohibited in the event of an acute national emergency, in the public services or in essential services in the strict sense of the term, i.e. those the interruption of which would endanger the life, personal safety or health of the whole or part of the population (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 159). Considering that air, railway and water transport and communication in general (with the exception of air traffic control and telephone services) are not essential services in the strict sense of the term, the Committee requests the Government to clarify whether workers employed in these services enjoy the right to strike.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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:

Article 2 of the Convention. The Committee notes a contradiction between section 25 of the Labour Code, which requires a minimum of three employers to constitute an employers’ organization and section 10 of the Law on Employers’ Organizations, which requires a minimum of two employers. The Committee asks the Government to clarify the minimum membership required for establishing an employers’ organization.

Article 3. 1. Right of workers’ and employers’ organizations to draw up their constitutions and rules, to elect their representatives in full freedom and to organize their administration and activities. The Committee notes section 12 of the Law on Employers’ Organizations, according to which, the structure, the functioning and the powers of the governing bodies of an employers’ organization are regulated by the by-laws of that organization. The Committee further notes sections 28–30 of the Labour Code, which regulate in detail the internal functioning of these bodies, including the rules of adoption of the decisions by governing bodies, their powers and the composition of the executive committee, and section 25, according to which, the officials of an employers’ organization should be citizens of Kyrgyzstan. The Committee recalls that legislative provisions which regulate in detail the internal functioning of workers’ and employers’ organizations pose a serious risk of interference by the public authorities. The regulation of procedures and methods of functioning, including the number of leaders of an organization and as to the majority of votes required for a decision to be adopted by workers and employers’ organizations, is primarily to be governed by the rules of the organizations themselves. Indeed, the fundamental idea of Article 3 of the Convention is that workers and employers may decide for themselves the rules which should govern the administration of the organizations. Furthermore, as concerns the nationality of the officers of an organization, the Committee considers that legislation should allow foreign employers to take up the office of an organization, at least after a reasonable period of residence in the host country. The Committee requests that the Government take the necessary measures to amend sections 25, 28, 29 and 30 of the Labour Code so as to bring it into full conformity with the Convention and keep it informed in this respect.

The Committee notes section 27(1) of the Labour Code, which states that “employers’ organizations cannot carry out political activities and activities not related to the labour relations and employment”. Recalling that employers’ organizations, like trade unions, must be able to voice their opinions on political issues in the broad sense of the term and, in particular, to express their views publicly on a government’s economic and social policy, the Committee asks the Government to indicate whether this legislative provision prohibits employers’ organizations to carry out political activity to express their point of view on matters of economic or social policy affecting their members.

2. Right to strike. The Committee notes that under section 78(3) of the Labour Code, the strike is prohibited in the railway transport, public transport, civil aviation, communication services and continuously working enterprises, the stoppage of which would have hazardous consequences. The Committee requests that the Government indicate the enterprises and services it qualifies as “continuously working enterprises, the stoppage of which would have hazardous consequences” where the right to strike is prohibited under section 78(3) of the Labour Code. The Committee recalls that the right to strike can be restricted or prohibited in the event of an acute national emergency, in the public services or in essential services in the strict sense of the term, i.e. those, the interruption of which, would endanger the life, personal safety or health of the whole or part of the population (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 159). Considering that railways, public transport, civil aviation and postal services in general (with the exception of air traffic control) are not essential services in the strict sense of the term, the Committee requests that the Government amend its legislation so as to ensure that workers of the above services may exercise the right to strike. The Committee considers that the authorities may establish a system of minimum service in services which are of public utility in order to avoid damages which are irreversible or out of all proportion to the occupational interests of the parties to the dispute, as well as damages to third parties, namely the users or consumers who suffer the economic effects of collective disputes. The minimum services could be appropriate in situations in which a substantial restriction or a total prohibition of strike action would not appear to be justified and where, without calling into question the right to strike of the large majority of workers, one might consider ensuring that users’ basic needs are met or that facilities operate safely or without interruption (see General Survey, op. cit., paragraphs 160 and 162).

The Committee notes that section 78(4) of the Labour Code provides that workers, following mediation and conciliation procedures provided for in the Code, could address the Government of Kyrgyzstan to defend their legitimate rights and interests. The Committee recalls that, if the right to strike is subject to restrictions or a prohibition, workers who are thus deprived of an essential means of defending their socio-economic and occupational interests should be afforded compensatory guarantees, for example, conciliation and mediation procedures leading, in the event of deadlock, to arbitration machinery seen to be reliable by the parties concerned which should provide sufficient guarantees of impartiality and rapidity (see General Survey, op. cit., paragraph 164). The Committee therefore requests that the Government review its legislation so as to ensure that in those cases any disagreement concerning a collective dispute is settled by an independent body enjoying the confidence of the parties concerned and not by the Government and to keep it informed of measures taken or envisaged in this regard.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes with regret that the Government’s report has not been received. It must, therefore, repeat its previous direct request, which read as follows:

Article 2 of the Convention. The Committee notes a contradiction between section 25 of the Labour Code, which requires a minimum of three employers to constitute an employers’ organization and section 10 of the Law on Employers’ Organizations, which requires a minimum of two employers. The Committee asks the Government to clarify the minimum membership required for establishing an employers’ organization.

Article 3. 1. Right of workers’ and employers’ organizations to draw up their constitutions and rules, to elect their representatives in full freedom and to organize their administration and activities. The Committee notes section 12 of the Law on Employers’ Organizations, according to which, the structure, the functioning and the powers of the governing bodies of an employers’ organization are regulated by the by-laws of that organization. The Committee further notes sections 28-30 of the Labour Code, which regulate in detail the internal functioning of these bodies, including the rules of adoption of the decisions by governing bodies, their powers and the composition of the executive committee, and section 25, according to which, the officials of an employers’ organization should be citizens of Kyrgyzstan. The Committee recalls that legislative provisions which regulate in detail the internal functioning of workers’ and employers’ organizations pose a serious risk of interference by the public authorities. The regulation of procedures and methods of functioning, including the number of leaders of an organization and as to the majority of votes required for a decision to be adopted by workers and employers’ organizations, is primarily to be governed by the rules of the organizations themselves. Indeed, the fundamental idea of Article 3 of the Convention is that workers and employers may decide for themselves the rules which should govern the administration of the organizations. Furthermore, as concerns the nationality of the officers of an organization, the Committee considers that legislation should allow foreign employers to take up the office of an organization, at least after a reasonable period of residence in the host country. The Committee requests that the Government take the necessary measures to amend sections 25, 28, 29 and 30 of the Labour Code so as to bring it into full conformity with the Convention and keep it informed in this respect.

The Committee notes section 27(1) of the Labour Code, which states that “employers’ organizations cannot carry out political activities and activities not related to the labour relations and employment”. Recalling that employers’ organizations, like trade unions, must be able to voice their opinions on political issues in the broad sense of the term and, in particular, to express their views publicly on a government’s economic and social policy, the Committee asks the Government to indicate whether this legislative provision prohibits employers’ organizations to carry out political activity to express their point of view on matters of economic or social policy affecting their members.

2. Right to strike. The Committee notes that under section 78(3) of the Labour Code, the strike is prohibited in the railway transport, public transport, civil aviation, communication services and continuously working enterprises, the stoppage of which would have hazardous consequences. The Committee requests that the Government indicate the enterprises and services it qualifies as “continuously working enterprises, the stoppage of which would have hazardous consequences” where the right to strike is prohibited under section 78(3) of the Labour Code. The Committee recalls that the right to strike can be restricted or prohibited in the event of an acute national emergency, in the public services or in essential services in the strict sense of the term, i.e. those, the interruption of which, would endanger the life, personal safety or health of the whole or part of the population (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 159). Considering that railways, public transport, civil aviation and postal services in general (with the exception of air traffic control) are not essential services in the strict sense of the term, the Committee requests that the Government amend its legislation so as to ensure that workers of the above services may exercise the right to strike. The Committee considers that the authorities may establish a system of minimum service in services which are of public utility in order to avoid damages which are irreversible or out of all proportion to the occupational interests of the parties to the dispute, as well as damages to third parties, namely the users or consumers who suffer the economic effects of collective disputes. The minimum services could be appropriate in situations in which a substantial restriction or a total prohibition of strike action would not appear to be justified and where, without calling into question the right to strike of the large majority of workers, one might consider ensuring that users’ basic needs are met or that facilities operate safely or without interruption (see General Survey, op. cit., paragraphs 160 and 162).

The Committee notes that section 78(4) of the Labour Code provides that workers, following mediation and conciliation procedures provided for in the Code, could address the Government of Kyrgyzstan to defend their legitimate rights and interests. The Committee recalls that, if the right to strike is subject to restrictions or a prohibition, workers who are thus deprived of an essential means of defending their socio-economic and occupational interests should be afforded compensatory guarantees, for example, conciliation and mediation procedures leading, in the event of deadlock, to arbitration machinery seen to be reliable by the parties concerned which should provide sufficient guarantees of impartiality and rapidity (see General Survey, op. cit., paragraph 164). The Committee therefore requests that the Government review its legislation so as to ensure that in those cases any disagreement concerning a collective dispute is settled by an independent body enjoying the confidence of the parties concerned and not by the Government and to keep it informed of measures taken or envisaged in this regard.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report.

The Committee further notes the following pieces of legislation: Labour Code of 4 October 1997, as amended on 19 February 2003; Law on Trade Unions of 16 October 1998, as amended on 4 August 2004; Law on Employers’ Organizations of 22 May 2004; Code on Administrative Responsibility of 4 August 1998, as amended on 15 February 2004; and Criminal Code of 1 October 1997, as amended on 15 February 2004.

The Committee wishes to raise the following points in respect of the abovementioned legislation.

Article 2 of the Convention. The Committee notes a contradiction between section 25 of the Labour Code, which requires a minimum of three employers to constitute an employers’ organization and section 10 of the Law on Employers’ Organizations, which requires a minimum of two employers. The Committee asks the Government to clarify the minimum membership required for establishing an employers’ organization.

Article 3. 1. Right of workers’ and employers’ organizations to draw up their constitutions and rules, to elect their representatives in full freedom and to organize their administration and activities. The Committee notes section 12 of the Law on Employers’ Organizations, according to which, the structure, the functioning and the powers of the governing bodies of an employers’ organization are regulated by the by-laws of that organization. The Committee further notes sections 28-30 of the Labour Code, which regulate in detail the internal functioning of these bodies, including the rules of adoption of the decisions by governing bodies, their powers and the composition of the executive committee, and section 25, according to which, the officials of an employer’s organization should be citizens of Kyrgyzstan. The Committee recalls that legislative provisions which regulate in detail the internal functioning of workers’ and employers’ organizations pose a serious risk of interference by the public authorities. The regulation of procedures and methods of functioning, including the number of leaders of an organization and as to the majority of votes required for a decision to be adopted by workers and employers’ organizations, is primarily to be governed by the rules of the organizations themselves. Indeed, the fundamental idea of Article 3 of Convention No. 87 is that workers and employers may decide for themselves the rules which should govern the administration of the organizations. Furthermore, as concerns the nationality of the officers of an organization, the Committee considers that legislation should allow foreign employers to take up the office of an organization, at least after a reasonable period of residence in the host country. The Committee requests that the Government take the necessary measures to amend sections 25, 28, 29 and 30 of the Labour Code so as to bring it into full conformity with the Convention and keep it informed in this respect.

The Committee notes section 27(1) of the Labour Code, which states that "employers’ organizations cannot carry out political activities and activities not related to the labour relations and employment". Recalling that employers’ organizations, like trade unions, must be able to voice their opinions on political issues in the broad sense of the term and, in particular, to express their views publicly on a government’s economic and social policy, the Committee asks the Government to indicate whether this legislative provision prohibits employers’ organizations to carry out political activity to express their point of view on matters of economic or social policy affecting their members.

2. Right to strike. The Committee notes that under section 78(3) of the Labour Code, the strike is prohibited in the railway transport, public transport, civil aviation, communication services and continuously working enterprises, the stoppage of which would have hazardous consequences. The Committee requests that the Government indicate the enterprises and services it qualifies as "continuously working enterprises, the stoppage of which would have hazardous consequences" where the right to strike is prohibited under section 78(3) of the Labour Code. The Committee recalls that the right to strike can be restricted or prohibited in the event of an acute national emergency, in the public services or in essential services in the strict sense of the term, i.e. those, the interruption of which, would endanger the life, personal safety or health of the whole or part of the population (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 159). Considering that railways, public transport, civil aviation and postal services in general (with the exception of air traffic control) are not essential services in the strict sense of the term, the Committee requests that the Government amend its legislation so as to ensure that workers of the above services may exercise the right to strike. The Committee considers that the authorities may establish a system of minimum service in services which are of public utility in order to avoid damages which are irreversible or out of all proportion to the occupational interests of the parties to the dispute, as well as damages to third parties, namely the users or consumers who suffer the economic effects of collective disputes. The minimum services could be appropriate in situations in which a substantial restriction or a total prohibition of strike action would not appear to be justified and where, without calling into question the right to strike of the large majority of workers, one might consider ensuring that users’ basic needs are met or that facilities operate safely or without interruption (see General Survey, op. cit., paragraphs 160 and 162).

The Committee notes that section 78(4) of the Labour Code provides that workers, following mediation and conciliation procedures provided for in the Code, could address the Government of Kyrgyzstan to defend their legitimate rights and interests. The Committee recalls that, if the right to strike is subject to restrictions or a prohibition, workers who are thus deprived of an essential means of defending their socio-economic and occupational interests should be afforded compensatory guarantees, for example, conciliation and mediation procedures leading, in the event of deadlock, to arbitration machinery seen to be reliable by the parties concerned which should provide sufficient guarantees of impartiality and rapidity (see General Survey, op. cit., paragraph 164). The Committee therefore requests that the Government review its legislation so as to ensure that in those cases any disagreement concerning a collective dispute is settled by an independent body enjoying the confidence of the parties concerned and not by the Government and to keep it informed of measures taken or envisaged in this regard.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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:

In its previous comments, the Committee had noted the 1991 Act concerning public associations which guarantees the right of citizens of Kyrgyzstan and of the former USSR to join a public association and the right of foreigners to join associations, in accordance with the rules of those associations (section 9).

Given that section 6 of the Act stipulates a membership of at least 500 citizens as a condition for forming a trade union at the national level, the Committee emphasizes that, in its General Survey on freedom of association and collective bargaining of 1994 in paragraph 63, it indicated that restrictions which make citizenship a precondition of membership of a trade union may prevent migrant workers or foreign workers from playing an active role in the defence of their interests, including the right to strike. In addition, the Committee requests the Government to indicate whether workers are able to form trade unions at the enterprise, sectoral or occupational levels and to specify any minimum membership that is required in order to establish such trade unions.

The Committee emphasizes that Articles 2 and 10 of the Convention guarantee the right of all workers without distinction to establish organizations of their own choosing in the defence of their occupational interests and that Article 3 stipulates that workers’ organizations must have the right to organize their programmes without any interference from the public authorities. The Committee therefore requests the Government to indicate in its next report any measures taken or contemplated to ensure that all workers legally resident in its territory, whether Kyrgyzstan nationals or foreigners, enjoy the trade union rights provided for by the Convention, including the right to strike, without any distinction based on nationality. It also requests the Government to ensure that workers can elect their own representatives freely.

The Committee furthermore requests the Government to provide with its next report a copy of the Penal Code currently in force and to specify whether there are still provisions in force similar to sections 190(3) and 24 of the Criminal Code of the former USSR (which, read together, impose restrictions on the right of workers to participate in collective action aimed at disrupting transport services or public and social enterprises or establishments, and makes such action punishable by imprisonment for up to three years), or the Presidential Decree of 16 May 1991 concerning emergency measures to ensure the stability of work in branches of economic activity that are essential to the national economy. If such provisions are in force, the Committee requests the Government to consider amending or repealing them.

The Committee also requests the Government to indicate whether the provisions allowing trade unions or workforce collectives to impose disciplinary sanctions on workers in undertakings for breaches of labour discipline (such as sections 138 and 150 of the Labour Code) have been repealed and, if not, to consider repealing or amending them.

Lastly, the Committee requests the Government to provide with its next report a copy of the text of the Labour Code currently in force, including any amendments made since 1993, and any text governing the right to organize, the settlement of collective disputes and the right to strike, with regard not only to citizens of Kyrgyzstan but also to foreign workers legally resident in the country.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee notes with regret that since the entry into force in respect of Kyrgyzstan of this Convention in 1993, the Government’s first report has not been received. It hopes that a report will be provided for examination by the Committee at its next session and that the report will contain detailed replies to the questions raised in the report form on the application of the Convention, which has been forwarded to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

The Committee is also raising a certain number of points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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:

In its previous comments, the Committee had noted the 1991 Act concerning public associations which guarantees the right of citizens of Kyrgyzstan and of the former USSR to join a public association and the right of foreigners to join associations, in accordance with the rules of those associations (section 9).

Given that section 6 of the Act stipulates a membership of at least 500 citizens as a condition for forming a trade union at the national level, the Committee emphasizes that, in its General Survey on freedom of association and collective bargaining of 1994 in paragraph 63, it indicated that restrictions which make citizenship a precondition of membership of a trade union may prevent migrant workers or foreign workers from playing an active role in the defence of their interests, including the right to strike. In addition, the Committee requests the Government to indicate whether workers are able to form trade unions at the enterprise, sectoral or occupational levels and to specify any minimum membership that is required in order to establish such trade unions.

The Committee emphasizes that Articles 2 and 10 of the Convention guarantee the right of all workers without distinction to establish organizations of their own choosing in the defence of their occupational interests and that Article 3 stipulates that workers’ organizations must have the right to organize their programmes without any interference from the public authorities. The Committee therefore requests the Government to indicate in its next report any measures taken or contemplated to ensure that all workers legally resident in its territory, whether Kyrgyzstan nationals or foreigners, enjoy the trade union rights provided for by the Convention, including the right to strike, without any distinction based on nationality. It also requests the Government to ensure that workers can elect their own representatives freely.

The Committee furthermore requests the Government to provide with its next report a copy of the Penal Code currently in force and to specify whether there are still provisions in force similar to sections 190(3) and 24 of the Criminal Code of the former USSR (which, read together, impose restrictions on the right of workers to participate in collective action aimed at disrupting transport services or public and social enterprises or establishments, and makes such action punishable by imprisonment for up to three years), or the Presidential Decree of 16 May 1991 concerning emergency measures to ensure the stability of work in branches of economic activity that are essential to the national economy. If such provisions are in force, the Committee requests the Government to consider amending or repealing them.

The Committee also requests the Government to indicate whether the provisions allowing trade unions or workforce collectives to impose disciplinary sanctions on workers in undertakings for breaches of labour discipline (such as sections 138 and 150 of the Labour Code) have been repealed and, if not, to consider repealing or amending them.

Lastly, the Committee requests the Government to provide with its next report a copy of the text of the Labour Code currently in force, including any amendments made since 1993, and any text governing the right to organize, the settlement of collective disputes and the right to strike, with regard not only to citizens of Kyrgyzstan but also to foreign workers legally resident in the country.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes with regret that since the entry into force in respect of Kyrgyzstan of this Convention in 1993, the Government’s first report has not been received. It hopes that a report will be provided for examination by the Committee at its next session and that the report will contain detailed replies to the questions raised in the report form on the application of the Convention, which has been forwarded to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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:

In its previous comments, the Committee had noted the 1991 Act concerning public associations which guarantees the right of citizens of Kyrgyzstan and of the former USSR to join a public association and the right of foreigners to join associations, in accordance with the rules of those associations (section 9).

Given that section 6 of the Act stipulates a membership of at least 500 citizens as a condition for forming a trade union at the national level, the Committee emphasizes that, in its General Survey on freedom of association and collective bargaining of 1994 in paragraph 63, it indicated that restrictions which make citizenship a precondition of membership of a trade union may prevent migrant workers or foreign workers from playing an active role in the defence of their interests, including the right to strike. In addition, the Committee requests the Government to indicate whether workers are able to form trade unions at the enterprise, sectoral or occupational levels and to specify any minimum membership that is required in order to establish such trade unions.

The Committee emphasizes that Articles 2 and 10 of the Convention guarantee the right of all workers without distinction to establish organizations of their own choosing in the defence of their occupational interests and that Article 3 stipulates that workers’ organizations must have the right to organize their programmes without any interference from the public authorities. The Committee therefore requests the Government to indicate in its next report any measures taken or contemplated to ensure that all workers legally resident in its territory, whether Kyrgyzstan nationals or foreigners, enjoy the trade union rights provided for by the Convention, including the right to strike, without any distinction based on nationality. It also requests the Government to ensure that workers can elect their own representatives freely.

The Committee furthermore requests the Government to provide with its next report a copy of the Penal Code currently in force and to specify whether there are still provisions in force similar to sections 190(3) and 24 of the Criminal Code of the former USSR (which, read together, impose restrictions on the right of workers to participate in collective action aimed at disrupting transport services or public and social enterprises or establishments, and makes such action punishable by imprisonment for up to three years), or the Presidential Decree of 16 May 1991 concerning emergency measures to ensure the stability of work in branches of economic activity that are essential to the national economy. If such provisions are in force, the Committee requests the Government to consider amending or repealing them.

The Committee also requests the Government to indicate whether the provisions allowing trade unions or workforce collectives to impose disciplinary sanctions on workers in undertakings for breaches of labour discipline (such as sections 138 and 150 of the Labour Code) have been repealed and, if not, to consider repealing or amending them.

Lastly, the Committee requests the Government to provide with its next report a copy of the text of the Labour Code currently in force, including any amendments made since 1993, and any text governing the right to organize, the settlement of collective disputes and the right to strike, with regard not only to citizens of Kyrgyzstan but also to foreign workers legally resident in the country.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes with regret that since the entry into force in respect of Kyrgyzstan of this Convention in 1993, the Government’s first report has not been received. It hopes that a report will be provided for examination by the Committee at its next session and that the report will contain detailed replies to the questions raised in the report form on the application of the Convention, which has been forwarded to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

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 reads as follows:

        The Committee notes the 1991 Act concerning public associations which guarantees the right of citizens of Kyrgyzstan and of the former USSR to join a public association and the right of foreigners to join associations, in accordance with the rules of those associations (section 9).

        Given that section 6 of the Act stipulates a membership of at least 500 citizens as a condition for forming a trade union at the national level, the Committee emphasizes that, in its General Survey on freedom of association and collective bargaining of 1994 in paragraph 63, it indicated that restrictions which make citizenship a precondition of membership of a trade union may prevent migrant workers or foreign workers from playing an active role in the defence of their interests, including the right to strike. In addition, the Committee requests the Government to indicate whether workers are able to form trade unions at the enterprise, sectoral or occupational levels and to specify any minimum membership that is required in order to establish such trade unions.

        The Committee emphasizes that Articles 2 and 10 of the Convention guarantee the right of all workers without distinction to establish organizations of their own choosing in the defence of their occupational interests and that Article 3 stipulates that workers’ organizations must have the right to organize their programmes without any interference from the public authorities. The Committee therefore requests the Government to indicate in its next report any measures taken or contemplated to ensure that all workers legally resident in its territory, whether Kyrgyzstan nationals or foreigners, enjoy the trade union rights provided for by the Convention, including the right to strike, without any distinction based on nationality. It also requests the Government to ensure that workers can elect their own representatives freely.

        The Committee furthermore requests the Government to provide with its next report a copy of the Penal Code currently in force and to specify whether there are still provisions in force similar to sections 190(3) and 24 of the Criminal Code of the former USSR (which, read together, impose restrictions on the right of workers to participate in collective action aimed at disrupting transport services or public and social enterprises or establishments, and makes such action punishable by imprisonment for up to three years), or the Presidential Decree of 16 May 1991 concerning emergency measures to ensure the stability of work in branches of economic activity that are essential to the national economy. If such provisions are in force, the Committee requests the Government to consider amending or repealing them.

        The Committee also requests the Government to indicate whether the provisions allowing trade unions or workforce collectives to impose disciplinary sanctions on workers in undertakings for breaches of labour discipline (such as sections 138 and 150 of the Labour Code) have been repealed and, if not, to consider repealing or amending them.

        Lastly, the Committee requests the Government to provide with its next report a copy of the text of the Labour Code currently in force, including any amendments made since 1993, and any text governing the right to organize, the settlement of collective disputes and the right to strike, with regard not only to citizens of Kyrgyzstan but also to foreign workers legally resident in the country.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that since the entry into force in respect of Kyrgyzstan of this Convention in 1993, the Government’s first report has not been received. It hopes that a report will be provided for examination by the Committee at its next session and that the report will contain detailed replies to the questions raised in the report form on the application of the Convention, which has been forwarded to the Government.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

In the absence of the Government’s first report, the Committee must request once again the Government to provide detailed replies to the questions contained in the report form on the application of this Convention.

The Committee notes the 1991 Act concerning public associations which guarantees the right of citizens of Kyrgyzstan and of the former USSR to join a public association and the right of foreigners to join associations, in accordance with the rules of those associations (section 9).

Given that section 6 of the Act stipulates a membership of at least 500 citizens as a condition for forming a trade union at the national level, the Committee emphasizes that, in its General Survey on freedom of association and collective bargaining of 1994 in paragraph 63, it indicated that restrictions which make citizenship a precondition of membership of a trade union may prevent migrant workers or foreign workers from playing an active role in the defence of their interests, including the right to strike. In addition, the Committee requests the Government to indicate whether workers are able to form trade unions at the enterprise, sectoral or occupational levels and to specify any minimum membership that is required in order to establish such trade unions.

The Committee emphasizes that Articles 2 and 10 of the Convention guarantee the right of all workers without distinction to establish organizations of their own choosing in the defence of their occupational interests and that Article 3 stipulates that workers’ organizations must have the right to organize their programmes without any interference from the public authorities. The Committee therefore requests the Government to indicate in its next report any measures taken or contemplated to ensure that all workers legally resident in its territory, whether Kyrgyzstan nationals or foreigners, enjoy the trade union rights provided for by the Convention, including the right to strike, without any distinction based on nationality. It also requests the Government to ensure that workers can elect their own representatives freely.

The Committee furthermore requests the Government to provide with its next report a copy of the Penal Code currently in force and to specify whether there are still provisions in force similar to sections 190(3) and 24 of the Criminal Code of the former USSR (which, read together, impose restrictions on the right of workers to participate in collective action aimed at disrupting transport services or public and social enterprises or establishments, and makes such action punishable by imprisonment for up to three years), or the Presidential Decree of 16 May 1991 concerning emergency measures to ensure the stability of work in branches of economic activity that are essential to the national economy. If such provisions are in force, the Committee requests the Government to consider amending or repealing them.

The Committee also requests the Government to indicate whether the provisions allowing trade unions or workforce collectives to impose disciplinary sanctions on workers in undertakings for breaches of labour discipline (such as sections 138 and 150 of the Labour Code) have been repealed and, if not, to consider repealing or amending them.

Lastly, the Committee requests the Government to provide with its next report a copy of the text of the Labour Code currently in force, including any amendments made since 1993, and any text governing the right to organize, the settlement of collective disputes and the right to strike, with regard not only to citizens of Kyrgyzstan but also to foreign workers legally resident in the country.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that since the entry into force of this Convention in 1993 in Kyrgyzstan, the Government’s first report has not been received. It hopes that a report will be provided for examination by the Committee at its next session and that the report will contain detailed replies to the questions raised in the report form on the application of the Convention, which has been forwarded to the Government.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

In the absence of the Government's first report, the Committee must request once again the Government to provide detailed replies to the questions contained in the report form on the application of this Convention.

The Committee nevertheless notes the 1991 Act concerning public associations which guarantees the right of citizens of Kyrgyzstan and of the former USSR to join a public association and the right of foreigners to join associations, in accordance with the rules of those associations (section 9).

Given that section 6 of the Act stipulates a membership of at least 500 citizens as a condition for forming a trade union at the national level, the Committee emphasizes that, in its General Survey on freedom of association and collective bargaining of 1994 in paragraph 63, it indicated that restrictions which make citizenship a precondition of membership of a trade union may prevent migrant workers or foreign workers from playing an active role in the defence of their interests, including the right to strike. In addition, the Committee requests the Government to indicate whether workers are able to form trade unions at the enterprise, sectoral or occupational levels and to specify any minimum membership that is required in order to establish such trade unions.

The Committee emphasizes that Articles 2 and 10 of the Convention guarantee the right of all workers without distinction to establish organizations of their own choosing in the defence of their occupational interests and that Article 3 stipulates that workers' organizations must have the right to organize their programmes without any interference from the public authorities. The Committee therefore requests the Government to indicate in its next report any measures taken or contemplated to ensure that all workers legally resident in its territory, whether Kyrgyzstan nationals or foreigners, enjoy the trade union rights provided for by the Convention, including the right to strike, without any distinction based on nationality. It also requests the Government to ensure that workers can elect their own representatives freely.

The Committee furthermore requests the Government to provide with its next report a copy of the Penal Code currently in force and to specify whether there are still provisions in force similar to sections 190(3) and 24 of the Criminal Code of the former USSR (which, read together, impose restrictions on the right of workers to participate in collective action aimed at disrupting transport services or public and social enterprises or establishments, and makes such action punishable by imprisonment for up to three years), or the Presidential Decree of 16 May 1991 concerning emergency measures to ensure the stability of work in branches of economic activity that are essential to the national economy. If such provisions are in force, the Committee requests the Government to consider amending or repealing them.

The Committee also requests the Government to indicate whether the provisions allowing trade unions or workforce collectives to impose disciplinary sanctions on workers in undertakings for breaches of labour discipline (such as sections 138 and 150 of the Labour Code) have been repealed and, if not, to consider repealing or amending them.

Lastly, the Committee requests the Government to provide with its next report a copy of the text of the Labour Code currently in force, including any amendments made since 1993, and any text governing the right to organize, the settlement of collective disputes and the right to strike, with regard not only to citizens of Kyrgyzstan but also to foreign workers legally resident in the country.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that, for the sixth consecutive year, the Government's first report has not been received. It hopes that a report will be provided for examination by the Committee at its next session and that the report will contain detailed replies to the questions raised in the report form, which has been forwarded to the Government on the application of the Convention.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee requests the Government to provide detailed replies to the questions contained in the report form on the application of this Convention.

The Committee notes the 1991 Act concerning public associations which guarantees the right of citizens of Kyrgyzstan and of the former USSR to join a public association and the right of foreigners to join associations, in accordance with the rules of those associations (section 9).

However, given that section 6 of the Act stipulates a membership of at least 500 citizens as a condition for forming a trade union at the national level, the Committee emphasizes that, in its General Survey on freedom of association and collective bargaining of 1994 in paragraph 63, it indicated that restrictions which make citizenship a precondition of membership of a trade union may prevent migrant workers or foreign workers from playing an active role in the defence of their interests, including the right to strike. In addition, the Committee requests the Government to indicate whether workers are able to form trade unions at the enterprise, sectoral or occupational levels and to specify any minimum membership that is required in order to establish such trade unions.

The Committee emphasizes that Articles 2 and 10 of the Convention guarantee the right of all workers without distinction to establish organizations of their own choosing in the defence of their interests and that Article 3 stipulates that workers' organizations must have the right to organize their programmes without any interference from the public authorities. The Committee therefore requests the Government to indicate in its next report any measures taken or envisaged to ensure that all workers legally resident in its territory, whether Kyrgyzstan nationals or foreigners, enjoy the trade union rights provided for by the Convention, including the right to strike, without any distinction based on nationality. It also requests the Government to ensure that workers can elect their own representatives freely.

The Committee furthermore requests the Government to provide with its next report a copy of the Penal Code currently in force and to specify whether there are still provisions in force similar to sections 190(3) and 24 of Criminal Code of the former USSR (which, read together, impose restrictions on the right of workers to participate in collective action aimed at disrupting transport services or public and social enterprises or establishments, and makes such action punishable by imprisonment for up to three years), or the Presidential Decree of 16 May 1991 concerning emergency measures to ensure the stability of work in branches of economic activity that are essential to the national economy. If such provisions are in force, the Committee requests the Government to consider amending or repealing them.

The Committee requests the Government to indicate whether the provisions allowing trade unions or workforce collectives to impose disciplinary sanctions on workers in undertakings for breaches of labour discipline (such as sections 138 and 150 of the Labour Code) have been repealed and, if not, to consider repealing or amending them.

Lastly, the Committee requests the Government to provide with its next report a copy of the text of the Labour Code currently in force, including any amendments made since 1993, and any text governing the right to organize, the settlement of collective disputes and the right to strike, with regard not only to citizens of Kyrgyzstan but also to foreign workers legally resident in the country.

[The Government is requested to report in detail in 1999.]

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with satisfaction the provisions of the Constitution of 5 May 1993 which guarantee the right of trade unions to organize on a voluntary basis (article 8), the right of all persons living in the Republic to exercise the right of association (article 16, paragraph 2) and the right of citizens to strike, the procedure and conditions for the exercise of that right being governed by law (article 30).

The Committee is also addressing a direct request to the Government on certain points.