Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Kyrgyzstan (Ratification: 2007)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

In its previous comments, the Committee noted the observations from the Kyrgyzstan Federation of Trade Unions (FPK), received on 30 September 2020, in which it expressed concern regarding the draft Law on Trade Unions developed by several members of Parliament and tabled in April 2019. The FPK alleged that the Law was not compatible with national law or with the ILO freedom of association instruments. In its comments responding to these observations, the Government indicates that, in consultation with the relevant ministries and agencies, it had issued findings noting that the draft Law contradicted national law, including the Constitution of Kyrgyzstan, in a number of ways, and that it was also incompatible with the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). The Government indicates that it has requested the preparation of an agreed draft Law that is compatible with national law and with Kyrgyzstan’s international obligations. In this context, the Committee refers to its 2021 comments on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), in which it examined the concerns expressed by the FPK under those Conventions. In its comment under Convention No. 98, the Committee noted the Government’s indication that the President of the Republic of Kyrgyzstan had vetoed the draft law on three occasions. The Committee also noted with interest the labour legislation evaluation process undertaken by the Ministry of Labour and Social Development pursuant to Presidential Order No. 26 of 8 February 2021, with the aim of bringing the labour legislation into conformity with the Convention. The Committee requests the Government to provide updated information on progress made in this regard.

Articles 2 and 5 of the Convention. Effective tripartite consultations. The Committee notes the Government’s indication that, due to the COVID-19 pandemic and the conflict within the trade union association between the former and the newly elected leadership, the National Tripartite Commission was not able to meet for an extended period. The Government nevertheless indicates that the Ministry of Health and Social Development (the successor to the former Ministry of Labour and Social Development) has invited representatives of the social partners on an ongoing basis, to discuss issues relating to labour and social protection. In this respect, the Government reports that, following tripartite consultations, it was agreed to take the necessary measures to ratify the Maternity Protection Convention, 2000 (No. 183). The Government indicates that, on 11 March 2021, via letter No. 18-6/1414, the Ministry sent the draft Act ratifying Convention No. 183, to the relevant ministries and governmental agencies as well as to the social partners for their review. During the review process, however, the Ministry of Economy and Finance announced that the country was not currently ready to ratify the Convention. The Government adds that, once the current issues precluding ratification are resolved, measures will be taken to ratify Convention No. 183. The Committee observes, however, that the report once again fails to provide the detailed information requested on the content and outcome of tripartite consultations on each of the matters concerning international labour standards covered under Article 5(1) of the Convention. The Committee therefore once again requests the Government to provide detailed, concrete and updated information on the content and outcome of tripartite consultations held on all matters relating to international labour standards covered by Article 5(1) of the Convention, relating to: questionnaires on Conference agenda items (Article 5(1)(a)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); and reports to be presented on the application of ratified Conventions (Article 5(1)(d)).

Article 4(2). Training. In reply to its previous comments, the Government reiterates that training takes place as needed at the request of the social partners, although lengthy training courses are funded by the ILO. Noting that the Government does not provide detailed updated information on the specific arrangements made or envisaged for the financing of training requested by participants in the consultative procedures provided for under the Convention, the Committee reiterates its request in this regard.

Article 5(1)(b). Submission to the national competent authority. The Committee notes that the Government does not provide specific information on the content and outcome of the tripartite consultations held on the proposals to be made to the national competent authority in connection with the submission of the 43 instruments adopted by the International Labour Conference at 22 sessions held from 1992 to 2019, which are still pending submission. In this regard, the Committee once again recalls that ILO Member States have a constitutional obligation to submit instruments adopted by the Conference to the national competent authority. It further recalls that Convention No. 144 goes beyond the obligation of submission set out in article 19 of the ILO Constitution, in that it requires governments to consult the representative organizations of employers and workers before finalizing proposals to be submitted to the national competent authority concerning the instruments adopted by the Conference. The Committee therefore requests the Government to provide detailed updated information on the content and outcome of tripartite consultations held with regard to the submission to the competent national authority of outstanding international labour instruments.

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

The Committee notes the observations made by the Kyrgyzstan Federation of Trade Unions (KFTU), received on 30 September 2020. The KFTU submits that a new Law on Trade Unions was adopted in 2019, which violates the national Constitution and the Convention, as well as the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), as it regulates in detail the internal functioning of unions. The KFTU alleges acts of interference by the authorities during the process of developing and adopting the new Law and that workers’ and employer’s organizations were not consulted with regard to its development and submission to Parliament (paragraph 5 (c) of Recommendation No. 152). The KFTU maintains that, following the opposition of the workers’ organizations and sectors of the civil society and recommendations from different international organizations, including the ILO, on 30 April 2020, the draft law was returned for a second reading before the Parliament. The Committee requests the Government to provide its comments in this regard.

Articles 2 and 5 of the Convention. Effective tripartite consultation. In its previous comments, the Committee requested the Government to provide information on the activities of the National Tripartite Commission which ensure effective consultations with respect to the matters covered by the Convention. It also requested the Government to provide detailed information on the content and outcome of the consultations held on each of the matters concerning international labour standards covered by Article 5(1) of the Convention. The Government reports that, since the change in leadership of the Ministry of Labour and Social Development in October 2018, two meetings of the National Tripartite Commission have been held. During these meetings, priority areas were set, including on labour law reforms in 2019 and 2020, as well as for future cooperation with the ILO. The Government adds that, in accordance with the National Plan of Action on Gender Equality 2018-20, an interagency group made up of representatives of workers’ organizations and different ministries was established to develop a road map for the possible ratification of the Maternity Protection Convention, 2000 (No. 183). The Government does not indicate whether or not employers’ organizations were also consulted in this context. The Government further indicates that a regional meeting, led by the KFTU, was held in July 2018 with the participation of the ILO, the International Trade Union Confederation (ITUC) and trade union leaders from countries of the Eastern Europe and Central Asia region. During the regional meeting, the participants agreed to implement a set of initiatives with a view to promoting the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), including submitting the instrument to Parliament for review and adoption of measures for its implementation; integrating peace and resilience issues in general trade union activities; and incorporating provisions of Recommendation No. 205 in the General Agreement between the Government, the workers ‘organizations and the employers’ organizations. The Government indicates in this regard that, pursuant to Government Directive No. 12-r of 18 January 2017, a General Agreement for 2017-19 was concluded between the Kyrgyz Government, the KFTU and the national employers’ organizations. The Committee notes, however, that the Government does not provide the detailed information requested on the content and outcome of tripartite consultations on each of the matters concerning international labour standards covered under Article 5 (1) of the Convention. The Committee therefore once again requests the Government to provide detailed, concrete information on the content and outcome of tripartite consultations held on all matters relating to international labour standards covered by Article 5 (1) of the Convention, relating to: questionnaires on Conference agenda items (Article 5(1)(a)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); and reports to be presented on the application of ratified Conventions (Article 5(1)(d)). The Committee also requests the Government to indicate whether and the manner in which employers’ organizations were consulted with regard to the possible ratification of Convention No. 183.

Article 4(2). Training. In reply to the Committee’s previous comments, the Government reports that the trainings contemplated under this Article of the Convention are delivered at the request of the social partners, but that lengthy training courses are funded by the ILO. The Committee requests the Government to provide detailed updated information on the arrangements made or envisaged for the financing of training requested by participants in the consultative procedures provided for under the Convention.

Article 5(1)(b). Submission to the national competent authority. The Committee refers to the comments it has been making for several years on the obligation to submit instruments adopted by the Conference to the national competent authority. It recalls that Convention No. 144 goes beyond the obligation of submission set out in article 19 of the ILO Constitution, in that it requires governments to consult the representative organizations of employers and workers before finalizing proposals to be submitted to the national competent authority concerning the instruments adopted by the Conference. The Committee notes that the Government does not provide information on tripartite consultations held on the proposals to be made to the national competent authority in connection with the submission of the 42 instruments adopted by the International Labour Conference at 21 sessions held from 1992 to 2017. The Committee refers to its 2016 observation on the obligation of submission and requests the Government to provide detailed updated information on the content and outcome of tripartite consultations held with regard to the submission to the competent national authority of outstanding international labour instruments.

  In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages member States to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to continue to provide updated information in its next report on the impact of the measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to reinforce the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2013.

Repetition

Articles 2 and 5 of the Convention. Consultation mechanisms and tripartite consultations required by the Convention. The Government indicates that the National Tripartite Commission is responsible for, inter alia, holding consultations on the ratification and application of international labour standards. It also indicates that, when necessary, the relevant consultations on questions referred to in Article 5(1) are held by introducing these questions to the agenda of the National Tripartite Commission meetings. The Committee invites the Government to provide information on the activities of the National Tripartite Commission which ensure effective consultations with respect to the matters covered by the Convention. It also invites the Government to provide detailed information on the content and outcome of the consultations held on each of the matters concerning international labour standards covered by Article 5(1) of the Convention.

Article 4(2). Financing of training. The Government indicates that the organizational, material and technical resources for the National Tripartite Commission’s activities are provided in the manner established by the Government. The Committee invites the Government to provide information on the arrangements made for the financing of any necessary training of participants on the consultative procedures provided for in the Convention.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2013.

Repetition

Articles 2 and 5 of the Convention. Consultation mechanisms and tripartite consultations required by the Convention. The Government indicates that the National Tripartite Commission is responsible for, inter alia, holding consultations on the ratification and application of international labour standards. It also indicates that, when necessary, the relevant consultations on questions referred to in Article 5(1) are held by introducing these questions to the agenda of the National Tripartite Commission meetings. The Committee invites the Government to provide information on the activities of the National Tripartite Commission which ensure effective consultations with respect to the matters covered by the Convention. It also invites the Government to provide detailed information on the content and outcome of the consultations held on each of the matters concerning international labour standards covered by Article 5(1) of the Convention.

Article 4(2). Financing of training. The Government indicates that the organizational, material and technical resources for the National Tripartite Commission’s activities are provided in the manner established by the Government. The Committee invites the Government to provide information on the arrangements made for the financing of any necessary training of participants on the consultative procedures provided for in the Convention.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 2 and 5 of the Convention. Consultation mechanisms and tripartite consultations required by the Convention. The Government indicates that the National Tripartite Commission is responsible for, inter alia, holding consultations on the ratification and application of international labour standards. It also indicates that, when necessary, the relevant consultations on questions referred to in Article 5(1) are held by introducing these questions to the agenda of the National Tripartite Commission meetings. The Committee invites the Government to provide information on the activities of the National Tripartite Commission which ensure effective consultations with respect to the matters covered by the Convention. It also invites the Government to provide detailed information on the content and outcome of the consultations held on each of the matters concerning international labour standards covered by Article 5(1) of the Convention.

Article 4(2). Financing of training. The Government indicates that the organizational, material and technical resources for the National Tripartite Commission’s activities are provided in the manner established by the Government. The Committee invites the Government to provide information on the arrangements made for the financing of any necessary training of participants on the consultative procedures provided for in the Convention.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 2 and 5 of the Convention. Consultation mechanisms and tripartite consultations required by the Convention. The Committee notes the Government’s first report on the application of the Convention received in November 2012. The Government indicates that the National Tripartite Commission is responsible for, inter alia, holding consultations on the ratification and application of international labour standards. It also indicates that, when necessary, the relevant consultations on questions referred to in Article 5(1) are held by introducing these questions to the agenda of the National Tripartite Commission meetings. The Committee invites the Government to provide information on the activities of the National Tripartite Commission which ensure effective consultations with respect to the matters covered by the Convention. It also invites the Government to provide detailed information on the content and outcome of the consultations held on each of the matters concerning international labour standards covered by Article 5(1) of the Convention.

Article 4(2). Financing of training. The Government indicates that the organizational, material and technical resources for the National Tripartite Commission’s activities are provided in the manner established by the Government. The Committee invites the Government to provide information on the arrangements made for the financing of any necessary training of participants on the consultative procedures provided for in the Convention.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 2 and 5 of the Convention. Consultation mechanisms and tripartite consultations required by the Convention. The Committee notes the Government’s first report on the application of the Convention received in November 2012. The Government indicates that the National Tripartite Commission is responsible for, inter alia, holding consultations on the ratification and application of international labour standards. It also indicates that, when necessary, the relevant consultations on questions referred to in Article 5(1) are held by introducing these questions to the agenda of the National Tripartite Commission meetings. The Committee invites the Government to provide information on the activities of the National Tripartite Commission which ensure effective consultations with respect to the matters covered by the Convention. It also invites the Government to provide detailed information on the content and outcome of the consultations held on each of the matters concerning international labour standards covered by Article 5(1) of the Convention.

Article 4(2). Financing of training. The Government indicates that the organizational, material and technical resources for the National Tripartite Commission’s activities are provided in the manner established by the Government. The Committee invites the Government to provide information on the arrangements made for the financing of any necessary training of participants on the consultative procedures provided for in the Convention.