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

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

Previous comment

Article 8 of the Convention. Artistic performances. The Committee notes the information provided by the Government in its report that according to sections 95, 97, and 114 of the Labour Code, the duration of daily work (shift), night work and work on rest days or non-working days for creative workers engaged in cinematography organizations, television and video crews, theatres, theatrical and concert organizations, circuses and mass media, may be determined in accordance with other laws and regulations, collective agreements or employment contracts. The Committee recalls that Article 8 of the Convention provides for the possibility of granting permits in individual cases for participation of children under the minimum age for admission to employment or work (16 years) in artistic performances. Permits so granted must place limits on the number of working hours during which, and prescribe the conditions in which, such employment or work is allowed. The Committee reiterates its request to the Government to indicate whether the system of granting individual permits for children participating in artistic performances under the age of 16 years is in place and to provide information on whether such permits limit the number of working hours and prescribe the conditions in which employment or work is allowed. The Committee requests the Government to indicate how many children under the age of 16 years are engaged incinematography organizations, television and video crews, theatres, theatrical and concert organizations, circuses and mass media.

Article 9(1). Penalties. The Committee notes the Government’s indication that section 87 of the Code of Contraventions of 28 October 2021, No. 128, sets out fines for violations of the labour legislation, including requirements for the engagement of persons in night work, overtime work and hazardous work. The Committee requests the Government to indicate any legislative provisions stipulating penalties for violations of the prohibition on the admission to employment or work of children under 16 years, as well as to specify the types of penalties established. The Committee also requests the Government to provide information on the number and nature of violations and the penalties imposed with respect to the employment of children under section 87 of the Code of Contraventions.

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

Previous comment

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee notes the indication provided by the Government in its report concerning the elaboration of a draft Program for the Protection of Children for 2023–26 and a plan for its implementation. The Government also indicates that the draft plan contains measures aimed at the elimination of child labour, including awareness-raising activities. The Committee further observes that according to the 2020 publication of the National Statistical Committee of Kyrgyzstan “Monitoring of the Sustainable Development Goal Indicators in the Kyrgyz Republic”, the percentage of children aged 5–17 years engaged in child labour amounted to 26.7 per cent in 2018. The Committee notes with concern, from the same publication, that the largest proportion of children engaged in child labour is in the 5–11 years age group (27.9 per cent) in comparison with the 12–14 years age group (23.3 per cent) and the 15–17 years age group (26.6 per cent). While noting some measures taken by the Government, the Committee strongly encourages the Government to step up its efforts to ensure the progressive elimination of child labour in the country. The Committee requests the Government to provide information on the concrete measures taken in this regard, particularly within the framework of the Program for the Protection of Children for 2023–26, and the results achieved. It further requests the Government to provide information on the application of the Convention in practice, particularly updated statistical data on the employment of children and young persons by age and gender.

Article 2(1). Scope of application and labour inspection. The Committee previously requested the Government to ensure the protection of children in the informal economy and children working on family farms, including by strengthening the labour inspection services. In this respect, the Government refers to the establishment of the Service for Control and Supervision of Labour Legislation (the Service) in 2021. According to the Government, labour inspectors of the Service annually conduct inspections of all enterprises and organizations, regardless of the form of ownership, to ensure compliance with labour legislation relating to the labour of young persons and children. In addition, labour inspectors of the Service, together with officials of district departments of internal affairs and social workers, carry out inspections to detect cases of child labour. The Committee, however, notes the Government’s indication that labour inspectors are not entitled to carry out unannounced inspections since an employer shall be warned in writing about the inspection at least 10 days in advance. Therefore, according to the Government, even in the presence of the use of child labour, by the time of the scheduled inspection, the facts of child labour are almost impossible to detect. Referring to its detailed comments under the Labour Inspection Convention, 1947 (No. 81), on the various limitations and restrictions of labour inspection, the Committee urges the Government to intensify its efforts to strengthen the capacities of the labour inspectorate in order to effectively monitor and detect cases of child labour, including in the informal economy and on family farms. It requests the Government to provide information on the steps taken in this regard and the results achieved.

Article 7. Light work. The Committee notes with regret the absence of information in the Government’s report concerning the measures taken to determine light work activities permitted for children aged 14–16. The Committee urges the Government to take the necessary measures, without further delay, to determine light work activities permitted for children aged 14–16, as required by Article 7(3) of the Convention. It requests the Government to provide information on any developments in this regard.

Article 9(3). Keeping of registers. The Committee notes the Government’s reiterated indication that in Kyrgyzstan, there is no practice of keeping, by employers, of registers of persons under the age of 18 whom they employ. The Government further indicates that this issue will be considered by a tripartite national commission. The Committee once again urges the Government to take the necessary measures, without further delay, to ensure that employers in all sectors are required to maintain a register containing the names, age (or dates of birth) of all persons under the age of 18 years whom they employ, as required by Article 9(3) of the Convention.

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 6 of the Convention. Vocational training and apprenticeship. The Committee previously noted that, according to article 32 of the Constitution, the State shall make vocational training, specialized secondary education and higher education equally accessible to all on the basis of individual capacity. It also noted the Government’s reference to section 95 of the Labour Code according to which for children aged between 14 and 16 years who combine study and work in the academic year, or who are studying in public schools or basic and intermediate vocational training institutions, the maximum daily working hours shall be two and-a-half hours, and for those aged between 16 and 18 years the maximum daily working hours shall be three-and-a-half hours.

The Committee notes the Government’s indication in its report that basic vocational training is provided after completion of a basic general or secondary general education, usually at 15 years of age. It further indicates that the system of basic vocational training comprises 98 educational institutions: 91 vocational lycées, six colleges attached to institutions of the State Penal Service, and one industrial pedagogical college. The Government also indicates the 2018–2020 Action Plan to Implement Kyrgyzstan’s Education Development Strategy for 2012–2020 which is aimed at improving the quality of vocational training. The Committee observes from the Law on basic vocational education of 26 November 1999 that apprenticeships are a mandatory part of vocational training, which must be carried out in organizations according to the type of a training program (section 35). In addition, the State educational standard for basic vocational training of 2018 sets out the requirements for vocational training programs, in particular, its structure, duration and maximal amount of academic load, including for apprenticeships. The Committee further observes that according to the Regulations on the students’ apprenticeships at intermediate vocational training institutions of 2012, students during their practice as trainees are covered by the labour legislation of Kyrgyzstan.

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

Article 9(1). Penalties. The Committee noted that, according to section 446 of the Labour Code, any person who violates the provisions of the Labour Code shall be subject to disciplinary, administrative, civil or criminal penalties. The Committee noted the International Trade Union Confederation’s (ITUC) indication, that although employers found violating the labour law could be charged with disciplinary, financial, administrative or criminal penalties, the penalties imposed in practice were very minimal. The Committee recalled that under Article 9 (1) of the Convention, the competent authority shall provide for appropriate penalties to ensure the effective enforcement of the Convention.

The Committee notes the Government’s information that the new Criminal Code and the Code of Contraventions entered into force on 1 January 2019. The Committee notes that section 57 of the Code of Contraventions sets out fines for violations of regulations on the engagement of young persons in certain types of work, including night work, overtime work, and hazardous work. The Committee requests the Government to provide information on the number and nature of penalties imposed under section 446 of the Labour Code, including financial penalties actually collected, and on the application of section 57 of the Code of Contraventions in practice, including the number and nature of violations and the penalties imposed with respect to the employment of children.

Article 9(3). Keeping of registers. The Committee previously noted that the relevant legislation did not seem to require that a register be kept and made available by the employer. It reminded the Government that Article 9(3) of the Convention provides that national laws or the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer; such registers or documents shall contain the names and ages or dates of birth, duly certified wherever possible, of persons who are employed or work for them and who are less than 18 years of age.

The Committee notes the Government’s statement that there is no such practice of keeping of registers in Kyrgyzstan at present. The Government further indicates that this issue will be considered by a tripartite national commission. The Committee urges the Government to take the necessary measures to ensure that employers in all sectors are required to maintain a register containing the names, age (or dates of birth) of all persons under the age of 18 years whom they employ, in conformity with the requirements of the Convention. It requests the Government to provide information on the outcome of the consideration by the tripartite national commission and on any progress made in this regard.

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

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted that 672,000 of the 1,467,000 children aged 5–17 years in Kyrgyzstan were economically active. The Committee further noted a number of actions and initiatives undertaken under the ILO–IPEC project entitled “Combating Child Labour in Central Asia – Commitment becomes Action” (PROACT CAR Phase III), which aimed at the prevention and elimination of child labour in Kazakhstan, Kyrgyzstan and Tajikistan.

The Committee notes the Government’s indication in its report that according to the 2014-2015 national child labour survey (CLS), the number of children engaged in child labour decreased from 32.9 per cent in 2007 to 27.8 per cent (414,246 children) in 2014. The Government further highlights that the United Nations Development Assistance Framework (UNDAF) for Kyrgyzstan for the period 2018-2022 sets out a target of reduction in child labour from 27.8 per cent to 22 per cent in 2022. The Committee notes the Government’s information on the adoption of the State Programme to Support Families and Protect Children for 2018–2028, which is the Government’s central policy document on the protection of children, including working children. The Committee further notes the adoption of the Regulations on the Procedure for Identifying Children and Families Living in Difficult Circumstances in 2015. Section 7 of the Regulations provides for measures on the detection and protection of children involved in child labour, including workplace inspections and assessment of working conditions of children. The Government indicates the establishment of a Coordination Council for Social Protection and Children’s Rights in 2015, which also examines issues relating to the prevention and elimination of child labour. The Committee notes the Government’s statement that under the ILO’s International Programme on the Elimination of Child Labour (ILO-IPEC), in the period 2013–19, more than 2,000 children and families received direct services assistance (including medical and legal services, food, school supplies, education and professional training) which prevented or removed over 1,000 children from being engaged in child labour. The Committee takes due note of a number of awareness-raising and educational activities undertaken by the Government with the support of ILO–IPEC to ensure prevention and protection against child labour. While noting the measures taken by the Government, the Committee requests it to pursue its efforts to ensure the reduction of the number of children working under the minimum age (16 years). The Committee also requests the Government to provide information on the results achieved in terms of progressively eliminating child labour, in particular, within the framework of the State Programme to Support Families and Protect Children for 2018–2028.

Article 2(1). Scope of application and labour inspection. The Committee previously noted that the Labour Code, by virtue of its section 18, applies to the parties involved in contractual labour relations, that is the worker and the employer. The Committee noted, however, that the overwhelming majority of child labourers (96 per cent) worked in agriculture or home production, and in terms of work status, the overwhelming majority (95 per cent) were unpaid family workers. The Committee requested the Government to ensure the protection of self-employed children, children in the informal economy and children working on family farms, including by strengthening the labour inspection.

The Committee notes the Government’s indication that the authorities of the Procurator-General’s Office that are responsible for the implementation of labour legislation have identified during inspection visits the cases of the unlawful engagement of minors in work, including work that is harmful for their health and morals (for example, sale of alcoholic drinks, loading and unloading heavy goods, work at night-time or during school hours). The Government also indicates the positive results of the Child Labour Monitoring System (CLMS) introduced with support from the ILO-IPEC Project for Action against Child Labour in Central Asian Countries (PROACT-CAR) in three pilot districts with respect to identification and providing social support to children engaged in child labour, including those working on family farms and in the informal economy. However, the Committee notes from the Government’s report to the Committee on the Rights of the Child of November 2019, that according to the Law on the Procedure for Conducting Inspections of Entrepreneurship Entities of 25 May, 2007 No. 72, labour inspectors are not entitled to carry out unannounced inspections for an employer who intends to violate the rights of working children, since an employer shall be warned in writing about the inspection at least 10 days in advance. The Committee further notes the Government’s indication that the Government Decision No. 586 of 17 December 2018 has introduced a temporary prohibition (moratorium) on business inspections and that the issue on strengthening the labour inspection will be examined in 2021 within the framework of a National Tripartite Commission. The Committee further notes from the 2014-2015 CLS that 96.2 per cent of working children tend to be concentrated in agriculture, while a vast majority of children work as unpaid family workers (92.7 per cent). The Committee requests the Government to continue its efforts to ensure the protection of children in the informal economy and children working on family farms. Referring to its comments made under the Labour Inspection Convention, 1947 (No. 81), the Committee urges the Government to strengthen the functioning of the labour inspectorate in order to enable it to effectively enforce specific legislative provisions giving effect to the Convention and to provide information in this regard. It also requests the Government to provide information on the establishment of CLMS in additional districts in the country.

Article 7. Light work. The Committee previously noted that according to section 18 of the Labour Code, pupils who have reached the age of 14 years may conclude an employment contract with the written consent of their parents, guardians or trustees to perform light work outside school hours, provided that it does not harm their health and does not interfere with their education. The Committee noted that according to sections 91 and 95 of the Labour Code, the working hours for workers aged 14–16 years shall not exceed 24 hours per week, and daily working hours shall not exceed five hours. The Committee further noted that, among non-working children aged 7–17 years, the school attendance rate was estimated to be 97.4 per cent, compared to 94.5 per cent among working children aged 7–17 years, with the difference mainly resulting from the lower school attendance of older working children.

The Committee notes from the 2014-2015 CLS that in 2014, among working children aged 7–17 years, the estimated school attendance rate was 90.4 per cent. The 2014-2015 CLS further indicates that 24.8 per cent of schoolchildren aged 6 years (9,795 children) are working children, whereas 39.5 per cent of schoolchildren aged 7-13 years (318,590 children) are in employment. In addition, according to the 2014-2015 CLS, the average working hours for children aged 14–16 years is 33.6-hour per week, which is beyond the 24-hour limit set out by section 91 of the Labour Code. The Committee notes the Government’s indication that the list of the activities in which light work by children aged 14–16 years may be permitted has not been determined and that this issue will be considered by a tripartite working group on the improvement of legislation which was established by a Directive of the Ministry of Labour and Social Development in May 2019. The Committee urges the Government to take the necessary measures to ensure that children under 14 years of age are not engaged in work or employment. The Committee requests the Government to ensure that the working hours of children aged 14–16 years do not exceed the limits established by section 91 of the Labour Code. The Committee further requests the Government to take the necessary measures to determine light work activities permitted for children aged 14–16 and to provide information on developments in this regard.

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

Repetition

Article 6 of the Convention. Vocational training and apprenticeship. The Committee previously noted that, according to article 32 of the Constitution, the State shall make vocational training, specialized secondary education and higher education equally accessible to all on the basis of individual capacity. It also noted the Government’s reference to section 95 of the Labour Code according to which for children aged between 14 and 16 years who combine study and work in the academic year, or who are studying in public schools or basic and intermediate vocational training institutions, the maximum daily working hours shall be two and-a-half hours, and for those aged between 16 and 18 years the maximum daily working hours shall be three-and-a-half hours. The Committee once again requests the Government to provide information on the system of vocational training and technical education, on the conditions prescribed by the relevant competent authority, and on the consultations held with employers’ and workers’ organizations concerned, including information concerning the nature of work done by pupils in schools. The Committee also once again requests the Government to indicate if the national legislation provides for apprenticeship programmes and, if so, to provide information on the minimum age for apprenticeship, and on the conditions of their work.

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

Article 9(1). Penalties. The Committee noted that, according to section 446 of the Labour Code, any person who violates the provisions of the Labour Code shall be subject to disciplinary, administrative, civil or criminal penalties. The Committee noted the International Trade Union Confederation’s (ITUC) indication, in its report of 2006 for the World Trade Organization, that although employers found violating the labour law could be charged with disciplinary, financial, administrative or criminal penalties, the penalties imposed in practice were very minimal. The Committee recalled that under Article 9(1) of the Convention, the competent authority shall provide for appropriate penalties to ensure the effective enforcement of the Convention. Noting the absence of information on this point in the Government’s report, the Committee requests the Government to take the necessary measures to ensure that a person found to be in breach of the provisions giving effect to the Convention, in particular those in respect of hazardous work, is prosecuted and that adequate penalties are imposed. It requests the Government to provide information on the types of violations detected, the number of persons prosecuted and the penalties imposed.

Article 9(3). Keeping of registers. The Committee noted that the relevant legislation did not seem to require that a register be kept and made available by the employer. It reminded the Government that Article 9(3) of the Convention provides that national laws or the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer; such registers or documents shall contain the names and ages or dates of birth, duly certified wherever possible, of persons who are employed or work for them and who are less than 18 years of age. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to indicate the measures taken or envisaged to comply with the Convention on this point.

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

The Committee notes the observations of the Kyrgyzstan Federation of Trade Unions (KFTU) received on 5 September 2018 and requests the Government to provide its comments in this respect.

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2013.

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee previously noted that according to the 2007 national child labour survey (CLS) estimates, 672,000 of the 1,467,000 children aged 5–17 years in Kyrgyzstan (45.8 per cent) were economically active. The prevalence of employment among children increases with age: from 32.7 per cent of children aged 5–11 years; to 55 per cent of children aged 12–14 years; and 62.3 per cent of children aged 15–17 years.

The Committee notes that, in the framework of the ILO–IPEC project entitled “Combating Child Labour in Central Asia – Commitment becomes Action” (PROACT CAR Phase III), which aims to contribute to the prevention and elimination of the worst forms of child labour in Kazakhstan, Kyrgyzstan and Tajikistan, a wide array of actions have been undertaken to combat child labour, including its worst forms, in Kyrgyzstan. These include the adoption of the Code on Children of 31 May 2012, section 14 of which bans the use of child labour; a mapping, in 2012, of the legislation and policies on child labour and youth employment in Kyrgyzstan, which aims to identify the link between the elimination of child labour and the promotion of youth employment; the finalization of the Guidelines on Child Labour Monitoring in Kyrgyzstan; as well as a number of action programmes to establish child labour free zones and to establish child labour monitoring systems in various regions of the country. The Committee strongly encourages the Government to pursue its efforts towards the progressive elimination of child labour through the ILO–IPEC PROACT CAR Phase III project and to provide information on the results achieved, particularly with respect to reducing the number of children working under the minimum age (16 years) and in hazardous work.

Article 2(1). Scope of application and labour inspection. The Committee previously noted the Government’s information that the Attorney-General of the Republic of Kyrgyzstan and the state labour inspectorate are responsible for the application and enforcement of labour legislation. It noted that the minimum age provisions applied to work carried out at home or in a business, domestic work, hired work, commercial agriculture, and family and subsistence agriculture. However, it noted the statement in a 2006 report of the International Confederation of Free Trade Unions (now the International Trade Union Confederation) that many children were working in family enterprises, domestic services, agriculture (tobacco, cotton, rice), cattle breeding, gasoline sales, car washing, shoe cleaning, selling products at the roadsides, and retail sales of tobacco and alcohol. The Committee also noted the Government’s information that child labour was widespread in farms, private enterprises, individual business activities and self-employment.

The Committee notes the Government’s information that the Labour Code, by virtue of its section 18, applies to the parties involved in contractual labour relations, that is the worker and the employer. It notes, however, that according to the CLS, the overwhelming majority of child labourers (96 per cent) work in agriculture or home production, and in terms of work status, the overwhelming majority (95 per cent) are unpaid family workers. The Committee requests the Government to take immediate measures to ensure that self-employed children, children in the informal economy and children working on family farms benefit from the protection laid down in the Convention. In this regard, it once again requests the Government to indicate any measures adopted or envisaged to strengthen the labour inspection, particularly in the abovementioned sectors. Lastly, the Committee once again requests the Government to provide information on the manner in which the state labour inspectorate and the Attorney-General enforce specific legislative provisions giving effect to the Convention.

Article 7. Light work. The Committee previously noted that, according to section 18 of the Labour Code, pupils who have reached the age of 14 years may conclude an employment contract with the written consent of their parents, guardians or trustees to perform light work outside school hours, provided that it does not harm their health and does not interfere with their education. The Committee noted that according to sections 91 and 95 of the Labour Code, the working hours for workers aged 14–16 years shall not exceed 24 hours per week, and daily working hours shall not exceed five hours. The Committee therefore requested the Government to indicate the manner in which the attendance at school of children working five hours per day was ensured. It also requested the Government to indicate the activities in which light work by children aged 14–16 years may be permitted.

The Committee notes the information in the 2007 CLS according to which, despite the high employment ratio among children, school attendance is also very high, with 98.9 per cent of children aged 7–14 years and 89.2 per cent of children aged 15–17 years attending school. However, children in employment are also found to have slightly lower school-attendance rates than non-working children. Among non-working children aged 7–17 years, the school attendance rate is estimated to be 97.4 per cent, compared to 94.5 per cent among working children aged 7–17 years, with the difference mainly resulting from the lower school attendance of older working children. The Committee requests the Government to take immediate measures to ensure that children under 14 years of age are not engaged in work or employment. With regard to children over 14 years of age engaged in light work, the Committee requests the Government to take the necessary measures to ensure that their school attendance is not prejudiced. The Committee also once again requests the Government to indicate the activities in which light work by children aged 14–16 years may be permitted. If these activities are not yet determined by the law, the Committee urges the Government to take the necessary measures to adopt a list of types of light work activities which are permitted to children over 14 years of age.

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

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

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

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

Repetition

Article 6 of the Convention. Vocational training and apprenticeship. The Committee previously noted that, according to article 32 of the Constitution, the State shall make vocational training, specialized secondary education and higher education equally accessible to all on the basis of individual capacity. It also noted the Government’s reference to section 95 of the Labour Code according to which for children aged between 14 and 16 years who combine study and work in the academic year, or who are studying in public schools or basic and intermediate vocational training institutions, the maximum daily working hours shall be two and-a-half hours, and for those aged between 16 and 18 years the maximum daily working hours shall be three-and-a-half hours. The Committee once again requests the Government to provide information on the system of vocational training and technical education, on the conditions prescribed by the relevant competent authority, and on the consultations held with employers’ and workers’ organizations concerned, including information concerning the nature of work done by pupils in schools. The Committee also once again requests the Government to indicate if the national legislation provides for apprenticeship programmes and, if so, to provide information on the minimum age for apprenticeship, and on the conditions of their work.

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

Article 9(1). Penalties. The Committee noted that, according to section 446 of the Labour Code, any person who violates the provisions of the Labour Code shall be subject to disciplinary, administrative, civil or criminal penalties. The Committee noted the International Trade Union Confederation’s (ITUC) indication, in its report of 2006 for the World Trade Organization, that although employers found violating the labour law could be charged with disciplinary, financial, administrative or criminal penalties, the penalties imposed in practice were very minimal. The Committee recalled that under Article 9(1) of the Convention, the competent authority shall provide for appropriate penalties to ensure the effective enforcement of the Convention. Noting the absence of information on this point in the Government’s report, the Committee requests the Government to take the necessary measures to ensure that a person found to be in breach of the provisions giving effect to the Convention, in particular those in respect of hazardous work, is prosecuted and that adequate penalties are imposed. It requests the Government to provide information on the types of violations detected, the number of persons prosecuted and the penalties imposed.

Article 9(3). Keeping of registers. The Committee noted that the relevant legislation did not seem to require that a register be kept and made available by the employer. It reminded the Government that Article 9(3) of the Convention provides that national laws or the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer; such registers or documents shall contain the names and ages or dates of birth, duly certified wherever possible, of persons who are employed or work for them and who are less than 18 years of age. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to indicate the measures taken or envisaged to comply with the Convention on this point.

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

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2013.

Repetition

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee previously noted that according to the 2007 national child labour survey (CLS) estimates, 672,000 of the 1,467,000 children aged 5–17 years in Kyrgyzstan (45.8 per cent) were economically active. The prevalence of employment among children increases with age: from 32.7 per cent of children aged 5–11 years; to 55 per cent of children aged 12–14 years; and 62.3 per cent of children aged 15–17 years.

The Committee notes that, in the framework of the ILO–IPEC project entitled “Combating Child Labour in Central Asia – Commitment becomes Action” (PROACT CAR Phase III), which aims to contribute to the prevention and elimination of the worst forms of child labour in Kazakhstan, Kyrgyzstan and Tajikistan, a wide array of actions have been undertaken to combat child labour, including its worst forms, in Kyrgyzstan. These include the adoption of the Code on Children of 31 May 2012, section 14 of which bans the use of child labour; a mapping, in 2012, of the legislation and policies on child labour and youth employment in Kyrgyzstan, which aims to identify the link between the elimination of child labour and the promotion of youth employment; the finalization of the Guidelines on Child Labour Monitoring in Kyrgyzstan; as well as a number of action programmes to establish child labour free zones and to establish child labour monitoring systems in various regions of the country. The Committee strongly encourages the Government to pursue its efforts towards the progressive elimination of child labour through the ILO–IPEC PROACT CAR Phase III project and to provide information on the results achieved, particularly with respect to reducing the number of children working under the minimum age (16 years) and in hazardous work.

Article 2(1). Scope of application and labour inspection. The Committee previously noted the Government’s information that the Attorney-General of the Republic of Kyrgyzstan and the state labour inspectorate are responsible for the application and enforcement of labour legislation. It noted that the minimum age provisions applied to work carried out at home or in a business, domestic work, hired work, commercial agriculture, and family and subsistence agriculture. However, it noted the statement in a 2006 report of the International Confederation of Free Trade Unions (now the International Trade Union Confederation) that many children were working in family enterprises, domestic services, agriculture (tobacco, cotton, rice), cattle breeding, gasoline sales, car washing, shoe cleaning, selling products at the roadsides, and retail sales of tobacco and alcohol. The Committee also noted the Government’s information that child labour was widespread in farms, private enterprises, individual business activities and self-employment.

The Committee notes the Government’s information that the Labour Code, by virtue of its section 18, applies to the parties involved in contractual labour relations, that is the worker and the employer. It notes, however, that according to the CLS, the overwhelming majority of child labourers (96 per cent) work in agriculture or home production, and in terms of work status, the overwhelming majority (95 per cent) are unpaid family workers. The Committee requests the Government to take immediate measures to ensure that self-employed children, children in the informal economy and children working on family farms benefit from the protection laid down in the Convention. In this regard, it once again requests the Government to indicate any measures adopted or envisaged to strengthen the labour inspection, particularly in the abovementioned sectors. Lastly, the Committee once again requests the Government to provide information on the manner in which the state labour inspectorate and the Attorney-General enforce specific legislative provisions giving effect to the Convention.

Article 7. Light work. The Committee previously noted that, according to section 18 of the Labour Code, pupils who have reached the age of 14 years may conclude an employment contract with the written consent of their parents, guardians or trustees to perform light work outside school hours, provided that it does not harm their health and does not interfere with their education. The Committee noted that according to sections 91 and 95 of the Labour Code, the working hours for workers aged 14–16 years shall not exceed 24 hours per week, and daily working hours shall not exceed five hours. The Committee therefore requested the Government to indicate the manner in which the attendance at school of children working five hours per day was ensured. It also requested the Government to indicate the activities in which light work by children aged 14–16 years may be permitted.

The Committee notes the information in the 2007 CLS according to which, despite the high employment ratio among children, school attendance is also very high, with 98.9 per cent of children aged 7–14 years and 89.2 per cent of children aged 15–17 years attending school. However, children in employment are also found to have slightly lower school-attendance rates than non-working children. Among non-working children aged 7–17 years, the school attendance rate is estimated to be 97.4 per cent, compared to 94.5 per cent among working children aged 7–17 years, with the difference mainly resulting from the lower school attendance of older working children. The Committee requests the Government to take immediate measures to ensure that children under 14 years of age are not engaged in work or employment. With regard to children over 14 years of age engaged in light work, the Committee requests the Government to take the necessary measures to ensure that their school attendance is not prejudiced. The Committee also once again requests the Government to indicate the activities in which light work by children aged 14–16 years may be permitted. If these activities are not yet determined by the law, the Committee urges the Government to take the necessary measures to adopt a list of types of light work activities which are permitted to children over 14 years of age.

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

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

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

Article 6 of the Convention. Vocational training and apprenticeship. The Committee previously noted that, according to article 32 of the Constitution, the State shall make vocational training, specialized secondary education and higher education equally accessible to all on the basis of individual capacity. It also noted the Government’s reference to section 95 of the Labour Code according to which for children aged between 14 and 16 years who combine study and work in the academic year, or who are studying in public schools or basic and intermediate vocational training institutions, the maximum daily working hours shall be two and-a-half hours, and for those aged between 16 and 18 years the maximum daily working hours shall be three-and-a-half hours. The Committee once again requests the Government to provide information on the system of vocational training and technical education, on the conditions prescribed by the relevant competent authority, and on the consultations held with employers’ and workers’ organizations concerned, including information concerning the nature of work done by pupils in schools. The Committee also once again requests the Government to indicate if the national legislation provides for apprenticeship programmes and, if so, to provide information on the minimum age for apprenticeship, and on the conditions of their work.

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

Article 9(1). Penalties. The Committee noted that, according to section 446 of the Labour Code, any person who violates the provisions of the Labour Code shall be subject to disciplinary, administrative, civil or criminal penalties. The Committee noted the International Trade Union Confederation’s (ITUC) indication, in its report of 2006 for the World Trade Organization, that although employers found violating the labour law could be charged with disciplinary, financial, administrative or criminal penalties, the penalties imposed in practice were very minimal. The Committee recalled that under Article 9(1) of the Convention, the competent authority shall provide for appropriate penalties to ensure the effective enforcement of the Convention. Noting the absence of information on this point in the Government’s report, the Committee requests the Government to take the necessary measures to ensure that a person found to be in breach of the provisions giving effect to the Convention, in particular those in respect of hazardous work, is prosecuted and that adequate penalties are imposed. It requests the Government to provide information on the types of violations detected, the number of persons prosecuted and the penalties imposed.

Article 9(3). Keeping of registers. The Committee noted that the relevant legislation did not seem to require that a register be kept and made available by the employer. It reminded the Government that Article 9(3) of the Convention provides that national laws or the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer; such registers or documents shall contain the names and ages or dates of birth, duly certified wherever possible, of persons who are employed or work for them and who are less than 18 years of age. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to indicate the measures taken or envisaged to comply with the Convention on this point.

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

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous comments.

Repetition

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee previously noted that according to the 2007 national child labour survey (CLS) estimates, 672,000 of the 1,467,000 children aged 5–17 years in Kyrgyzstan (45.8 per cent) were economically active. The prevalence of employment among children increases with age: from 32.7 per cent of children aged 5–11 years; to 55 per cent of children aged 12–14 years; and 62.3 per cent of children aged 15–17 years.

The Committee notes that, in the framework of the ILO–IPEC project entitled “Combating Child Labour in Central Asia – Commitment becomes Action” (PROACT CAR Phase III), which aims to contribute to the prevention and elimination of the worst forms of child labour in Kazakhstan, Kyrgyzstan and Tajikistan, a wide array of actions have been undertaken to combat child labour, including its worst forms, in Kyrgyzstan. These include the adoption of the Code on Children of 31 May 2012, section 14 of which bans the use of child labour; a mapping, in 2012, of the legislation and policies on child labour and youth employment in Kyrgyzstan, which aims to identify the link between the elimination of child labour and the promotion of youth employment; the finalization of the Guidelines on Child Labour Monitoring in Kyrgyzstan; as well as a number of action programmes to establish child labour free zones and to establish child labour monitoring systems in various regions of the country. The Committee strongly encourages the Government to pursue its efforts towards the progressive elimination of child labour through the ILO–IPEC PROACT CAR Phase III project and to provide information on the results achieved, particularly with respect to reducing the number of children working under the minimum age (16 years) and in hazardous work.

Article 2(1). Scope of application and labour inspection. The Committee previously noted the Government’s information that the Attorney-General of the Republic of Kyrgyzstan and the state labour inspectorate are responsible for the application and enforcement of labour legislation. It noted that the minimum age provisions applied to work carried out at home or in a business, domestic work, hired work, commercial agriculture, and family and subsistence agriculture. However, it noted the statement in a 2006 report of the International Confederation of Free Trade Unions (now the International Trade Union Confederation) that many children were working in family enterprises, domestic services, agriculture (tobacco, cotton, rice), cattle breeding, gasoline sales, car washing, shoe cleaning, selling products at the roadsides, and retail sales of tobacco and alcohol. The Committee also noted the Government’s information that child labour was widespread in farms, private enterprises, individual business activities and self-employment.

The Committee notes the Government’s information that the Labour Code, by virtue of its section 18, applies to the parties involved in contractual labour relations, that is the worker and the employer. It notes, however, that according to the CLS, the overwhelming majority of child labourers (96 per cent) work in agriculture or home production, and in terms of work status, the overwhelming majority (95 per cent) are unpaid family workers. The Committee requests the Government to take immediate measures to ensure that self-employed children, children in the informal economy and children working on family farms benefit from the protection laid down in the Convention. In this regard, it once again requests the Government to indicate any measures adopted or envisaged to strengthen the labour inspection, particularly in the abovementioned sectors. Lastly, the Committee once again requests the Government to provide information on the manner in which the state labour inspectorate and the Attorney-General enforce specific legislative provisions giving effect to the Convention.

Article 7. Light work. The Committee previously noted that, according to section 18 of the Labour Code, pupils who have reached the age of 14 years may conclude an employment contract with the written consent of their parents, guardians or trustees to perform light work outside school hours, provided that it does not harm their health and does not interfere with their education. The Committee noted that according to sections 91 and 95 of the Labour Code, the working hours for workers aged 14–16 years shall not exceed 24 hours per week, and daily working hours shall not exceed five hours. The Committee therefore requested the Government to indicate the manner in which the attendance at school of children working five hours per day was ensured. It also requested the Government to indicate the activities in which light work by children aged 14–16 years may be permitted.

The Committee notes the information in the 2007 CLS according to which, despite the high employment ratio among children, school attendance is also very high, with 98.9 per cent of children aged 7–14 years and 89.2 per cent of children aged 15–17 years attending school. However, children in employment are also found to have slightly lower school-attendance rates than non-working children. Among non-working children aged 7–17 years, the school attendance rate is estimated to be 97.4 per cent, compared to 94.5 per cent among working children aged 7–17 years, with the difference mainly resulting from the lower school attendance of older working children. The Committee requests the Government to take immediate measures to ensure that children under 14 years of age are not engaged in work or employment. With regard to children over 14 years of age engaged in light work, the Committee requests the Government to take the necessary measures to ensure that their school attendance is not prejudiced. The Committee also once again requests the Government to indicate the activities in which light work by children aged 14–16 years may be permitted. If these activities are not yet determined by the law, the Committee urges the Government to take the necessary measures to adopt a list of types of light work activities which are permitted to children over 14 years of age.

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

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

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

Article 6 of the Convention. Vocational training and apprenticeship. The Committee previously noted that, according to article 32 of the Constitution, the State shall make vocational training, specialized secondary education and higher education equally accessible to all on the basis of individual capacity. It also noted the Government’s reference to section 95 of the Labour Code according to which for children aged between 14 and 16 years who combine study and work in the academic year, or who are studying in public schools or basic and intermediate vocational training institutions, the maximum daily working hours shall be two and-a-half hours, and for those aged between 16 and 18 years the maximum daily working hours shall be three-and-a-half hours. The Committee once again requests the Government to provide information on the system of vocational training and technical education, on the conditions prescribed by the relevant competent authority, and on the consultations held with employers’ and workers’ organizations concerned, including information concerning the nature of work done by pupils in schools. The Committee also once again requests the Government to indicate if the national legislation provides for apprenticeship programmes and, if so, to provide information on the minimum age for apprenticeship, and on the conditions of their work.

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

Article 9(1). Penalties. The Committee noted that, according to section 446 of the Labour Code, any person who violates the provisions of the Labour Code shall be subject to disciplinary, administrative, civil or criminal penalties. The Committee noted the International Trade Union Confederation’s (ITUC) indication, in its report of 2006 for the World Trade Organization, that although employers found violating the labour law could be charged with disciplinary, financial, administrative or criminal penalties, the penalties imposed in practice were very minimal. The Committee recalled that under Article 9(1) of the Convention, the competent authority shall provide for appropriate penalties to ensure the effective enforcement of the Convention. Noting the absence of information on this point in the Government’s report, the Committee requests the Government to take the necessary measures to ensure that a person found to be in breach of the provisions giving effect to the Convention, in particular those in respect of hazardous work, is prosecuted and that adequate penalties are imposed. It requests the Government to provide information on the types of violations detected, the number of persons prosecuted and the penalties imposed.

Article 9(3). Keeping of registers. The Committee noted that the relevant legislation did not seem to require that a register be kept and made available by the employer. It reminded the Government that Article 9(3) of the Convention provides that national laws or the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer; such registers or documents shall contain the names and ages or dates of birth, duly certified wherever possible, of persons who are employed or work for them and who are less than 18 years of age. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to indicate the measures taken or envisaged to comply with the Convention on this point.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee previously noted that according to the 2007 national child labour survey (CLS) estimates, 672,000 of the 1,467,000 children aged 5–17 years in Kyrgyzstan (45.8 per cent) were economically active. The prevalence of employment among children increases with age: from 32.7 per cent of children aged 5–11 years; to 55 per cent of children aged 12–14 years; and 62.3 per cent of children aged 15–17 years.

The Committee notes that, in the framework of the ILO–IPEC project entitled “Combating Child Labour in Central Asia – Commitment becomes Action” (PROACT CAR Phase III), which aims to contribute to the prevention and elimination of the worst forms of child labour in Kazakhstan, Kyrgyzstan and Tajikistan, a wide array of actions have been undertaken to combat child labour, including its worst forms, in Kyrgyzstan. These include the adoption of the Code on Children of 31 May 2012, section 14 of which bans the use of child labour; a mapping, in 2012, of the legislation and policies on child labour and youth employment in Kyrgyzstan, which aims to identify the link between the elimination of child labour and the promotion of youth employment; the finalization of the Guidelines on Child Labour Monitoring in Kyrgyzstan; as well as a number of action programmes to establish child labour free zones and to establish child labour monitoring systems in various regions of the country. The Committee strongly encourages the Government to pursue its efforts towards the progressive elimination of child labour through the ILO–IPEC PROACT CAR Phase III project and to provide information on the results achieved, particularly with respect to reducing the number of children working under the minimum age (16 years) and in hazardous work.

Article 2(1). Scope of application and labour inspection. The Committee previously noted the Government’s information that the Attorney-General of the Republic of Kyrgyzstan and the state labour inspectorate are responsible for the application and enforcement of labour legislation. It noted that the minimum age provisions applied to work carried out at home or in a business, domestic work, hired work, commercial agriculture, and family and subsistence agriculture. However, it noted the statement in a 2006 report of the International Confederation of Free Trade Unions (now the International Trade Union Confederation) that many children were working in family enterprises, domestic services, agriculture (tobacco, cotton, rice), cattle breeding, gasoline sales, car washing, shoe cleaning, selling products at the roadsides, and retail sales of tobacco and alcohol. The Committee also noted the Government’s information that child labour was widespread in farms, private enterprises, individual business activities and self-employment.

The Committee notes the Government’s information that the Labour Code, by virtue of its section 18, applies to the parties involved in contractual labour relations, that is the worker and the employer. It notes, however, that according to the CLS, the overwhelming majority of child labourers (96 per cent) work in agriculture or home production, and in terms of work status, the overwhelming majority (95 per cent) are unpaid family workers. The Committee requests the Government to take immediate measures to ensure that self-employed children, children in the informal economy and children working on family farms benefit from the protection laid down in the Convention. In this regard, it once again requests the Government to indicate any measures adopted or envisaged to strengthen the labour inspection, particularly in the abovementioned sectors. Lastly, the Committee once again requests the Government to provide information on the manner in which the state labour inspectorate and the Attorney-General enforce specific legislative provisions giving effect to the Convention.

Article 7. Light work. The Committee previously noted that, according to section 18 of the Labour Code, pupils who have reached the age of 14 years may conclude an employment contract with the written consent of their parents, guardians or trustees to perform light work outside school hours, provided that it does not harm their health and does not interfere with their education. The Committee noted that according to sections 91 and 95 of the Labour Code, the working hours for workers aged 14–16 years shall not exceed 24 hours per week, and daily working hours shall not exceed five hours. The Committee therefore requested the Government to indicate the manner in which the attendance at school of children working five hours per day was ensured. It also requested the Government to indicate the activities in which light work by children aged 14–16 years may be permitted.

The Committee notes the information in the 2007 CLS according to which, despite the high employment ratio among children, school attendance is also very high, with 98.9 per cent of children aged 7–14 years and 89.2 per cent of children aged 15–17 years attending school. However, children in employment are also found to have slightly lower school-attendance rates than non-working children. Among non-working children aged 7–17 years, the school attendance rate is estimated to be 97.4 per cent, compared to 94.5 per cent among working children aged 7–17 years, with the difference mainly resulting from the lower school attendance of older working children. The Committee requests the Government to take immediate measures to ensure that children under 14 years of age are not engaged in work or employment. With regard to children over 14 years of age engaged in light work, the Committee requests the Government to take the necessary measures to ensure that their school attendance is not prejudiced. The Committee also once again requests the Government to indicate the activities in which light work by children aged 14–16 years may be permitted. If these activities are not yet determined by the law, the Committee urges the Government to take the necessary measures to adopt a list of types of light work activities which are permitted to children over 14 years of age.

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

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

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

Article 6 of the Convention. Vocational training and apprenticeship. The Committee previously noted that, according to article 32 of the Constitution, the State shall make vocational training, specialized secondary education and higher education equally accessible to all on the basis of individual capacity. It also noted the Government’s reference to section 95 of the Labour Code according to which for children aged between 14 and 16 years who combine study and work in the academic year, or who are studying in public schools or basic and intermediate vocational training institutions, the maximum daily working hours shall be two and-a-half hours, and for those aged between 16 and 18 years the maximum daily working hours shall be three-and-a-half hours. The Committee once again requests the Government to provide information on the system of vocational training and technical education, on the conditions prescribed by the relevant competent authority, and on the consultations held with employers’ and workers’ organizations concerned, including information concerning the nature of work done by pupils in schools. The Committee also once again requests the Government to indicate if the national legislation provides for apprenticeship programmes and, if so, to provide information on the minimum age for apprenticeship, and on the conditions of their work.

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

Article 9(1). Penalties. The Committee noted that, according to section 446 of the Labour Code, any person who violates the provisions of the Labour Code shall be subject to disciplinary, administrative, civil or criminal penalties. The Committee noted the International Trade Union Confederation’s (ITUC) indication, in its report of 2006 for the World Trade Organization, that although employers found violating the labour law could be charged with disciplinary, financial, administrative or criminal penalties, the penalties imposed in practice were very minimal. The Committee recalled that under Article 9(1) of the Convention, the competent authority shall provide for appropriate penalties to ensure the effective enforcement of the Convention. Noting the absence of information on this point in the Government’s report, the Committee requests the Government to take the necessary measures to ensure that a person found to be in breach of the provisions giving effect to the Convention, in particular those in respect of hazardous work, is prosecuted and that adequate penalties are imposed. It requests the Government to provide information on the types of violations detected, the number of persons prosecuted and the penalties imposed.

Article 9(3). Keeping of registers. The Committee noted that the relevant legislation did not seem to require that a register be kept and made available by the employer. It reminded the Government that Article 9(3) of the Convention provides that national laws or the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer; such registers or documents shall contain the names and ages or dates of birth, duly certified wherever possible, of persons who are employed or work for them and who are less than 18 years of age. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to indicate the measures taken or envisaged to comply with the Convention on this point.

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

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. The Committee previously noted that a national child labour survey (CLS) was planned to be conducted in Kyrgyzstan with the support of ILO–IPEC–SIMPOC, which was expected to be finalized and presented by the end of 2007.

The Committee notes that the CLS was duly completed and disseminated in 2007. According to the CLS estimates, 672,000 of the 1,467,000 children aged 5–17 years in Kyrgyzstan (45.8 per cent) were economically active. The prevalence of employment among children increases with age: from 32.7 per cent of children aged 5–11 years; to 55 per cent of children aged 12–14 years; and 62.3 per cent of children aged 15–17 years.

The Committee notes that, in the framework of the ILO–IPEC project entitled “Combating Child Labour in Central Asia – Commitment becomes Action” (PROACT CAR Phase III), which aims to contribute to the prevention and elimination of the worst forms of child labour in Kazakhstan, Kyrgyzstan and Tajikistan, a wide array of actions have been undertaken to combat child labour, including its worst forms, in Kyrgyzstan. These include the adoption of the Code on Children of 31 May 2012, section 14 of which bans the use of child labour; a mapping, in 2012, of the legislation and policies on child labour and youth employment in Kyrgyzstan, which aims to identify the link between the elimination of child labour and the promotion of youth employment; the finalization of the Guidelines on Child Labour Monitoring in Kyrgyzstan; as well as a number of action programmes to establish child labour free zones and to establish child labour monitoring systems in various regions of the country. The Committee strongly encourages the Government to pursue its efforts towards the progressive elimination of child labour through the ILO–IPEC PROACT CAR Phase III project and to provide information on the results achieved, particularly with respect to reducing the number of children working under the minimum age (16 years) and in hazardous work.

Article 2(1) and Part III of the report form. Scope of application and labour inspection. The Committee previously noted the Government’s information that the Attorney-General of the Republic of Kyrgyzstan and the state labour inspectorate are responsible for the application and enforcement of labour legislation. It noted that the minimum age provisions applied to work carried out at home or in a business, domestic work, hired work, commercial agriculture, and family and subsistence agriculture. However, it noted the statement in a 2006 report of the International Confederation of Free Trade Unions (now the International Trade Union Confederation) that many children were working in family enterprises, domestic services, agriculture (tobacco, cotton, rice), cattle breeding, gasoline sales, car washing, shoe cleaning, selling products at the roadsides, and retail sales of tobacco and alcohol. The Committee also noted the Government’s information that child labour was widespread in farms, private enterprises, individual business activities and self-employment.

The Committee notes the Government’s information that the Labour Code, by virtue of its section 18, applies to the parties involved in contractual labour relations, that is the worker and the employer. It notes, however, that according to the CLS, the overwhelming majority of child labourers (96 per cent) work in agriculture or home production, and in terms of work status, the overwhelming majority (95 per cent) are unpaid family workers. The Committee requests the Government to take immediate measures to ensure that self-employed children, children in the informal economy and children working on family farms benefit from the protection laid down in the Convention. In this regard, it once again requests the Government to indicate any measures adopted or envisaged to strengthen the labour inspection, particularly in the abovementioned sectors. Lastly, the Committee once again requests the Government to provide information on the manner in which the state labour inspectorate and the Attorney-General enforce specific legislative provisions giving effect to the Convention.

Article 7. Light work. The Committee previously noted that, according to section 18 of the Labour Code, pupils who have reached the age of 14 years may conclude an employment contract with the written consent of their parents, guardians or trustees to perform light work outside school hours, provided that it does not harm their health and does not interfere with their education. The Committee noted that according to sections 91 and 95 of the Labour Code, the working hours for workers aged 14–16 years shall not exceed 24 hours per week, and daily working hours shall not exceed five hours. The Committee therefore requested the Government to indicate the manner in which the attendance at school of children working five hours per day was ensured. It also requested the Government to indicate the activities in which light work by children aged 14–16 years may be permitted.

The Committee notes the information in the 2007 CLS according to which, despite the high employment ratio among children, school attendance is also very high, with 98.9 per cent of children aged 7–14 years and 89.2 per cent of children aged 15–17 years attending school. However, children in employment are also found to have slightly lower school-attendance rates than non-working children. Among non-working children aged 7–17 years, the school attendance rate is estimated to be 97.4 per cent, compared to 94.5 per cent among working children aged 7–17 years, with the difference mainly resulting from the lower school attendance of older working children. The Committee requests the Government to take immediate measures to ensure that children under 14 years of age are not engaged in work or employment. With regard to children over 14 years of age engaged in light work, the Committee requests the Government to take the necessary measures to ensure that their school attendance is not prejudiced. The Committee also once again requests the Government to indicate the activities in which light work by children aged 14–16 years may be permitted. If these activities are not yet determined by the law, the Committee urges the Government to take the necessary measures to adopt a list of types of light work activities which are permitted to children over 14 years of age.

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

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

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

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

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

Article 7. Light work. The Committee noted that, according to section 18 of the Labour Code, persons who have reached the age of 16 years may work, and in exceptional cases and subject to the agreement of the representative of the workers’ organizations or the state employment authorities, persons who have reached the age of 15 years may be employed. It further states that pupils who have reached the age of 14 years may conclude an employment contract with the written consent of their parents, guardian or trustee to perform light work outside school hours, provided that it does not harm their health and does not interfere with their education. The Committee noted that according to sections 91 and 95 of the Labour Code, the working hours for workers aged 14–16 years shall not exceed 24 hours per week, and daily working hours shall not exceed five hours. The Committee reminded the Government that under Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons over 13 years of age for light work on condition that it is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee therefore requests the Government to indicate the manner in which the attendance at school of children working five hours a day is ensured. It also requests the Government to indicate the activities in which light work by children aged 14–16 may be permitted.

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

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

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

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

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

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

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

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

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

Article 7. Light work. The Committee noted that, according to section 18 of the Labour Code, persons who have reached the age of 16 years may work, and in exceptional cases and subject to the agreement of the representative of the workers’ organizations or the state employment authorities, persons who have reached the age of 15 years may be employed. It further states that pupils who have reached the age of 14 years may conclude an employment contract with the written consent of their parents, guardian or trustee to perform light work outside school hours, provided that it does not harm their health and does not interfere with their education. The Committee noted that according to sections 91 and 95 of the Labour Code, the working hours for workers aged 14–16 years shall not exceed 24 hours per week, and daily working hours shall not exceed five hours. The Committee reminded the Government that under Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons over 13 years of age for light work on condition that it is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee therefore requests the Government to indicate the manner in which the attendance at school of children working five hours a day is ensured. It also requests the Government to indicate the activities in which light work by children aged 14–16 may be permitted.

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

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

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

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

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

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

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

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

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

Article 7. Light work. The Committee noted that, according to section 18 of the Labour Code, persons who have reached the age of 16 years may work, and in exceptional cases and subject to the agreement of the representative of the workers’ organizations or the state employment authorities, persons who have reached the age of 15 years may be employed. It further states that pupils who have reached the age of 14 years may conclude an employment contract with the written consent of their parents, guardian or trustee to perform light work outside school hours, provided that it does not harm their health and does not interfere with their education. The Committee noted that according to sections 91 and 95 of the Labour Code, the working hours for workers aged 14–16 years shall not exceed 24 hours per week, and daily working hours shall not exceed five hours. The Committee reminded the Government that under Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons over 13 years of age for light work on condition that it is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee therefore requests the Government to indicate the manner in which the attendance at school of children working five hours a day is ensured. It also requests the Government to indicate the activities in which light work by children aged 14–16 may be permitted.

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

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

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

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

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

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

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

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

2. Minimum age for admission to employment or work. The Committee notes that, at the time of ratification of the Convention, Kyrgyzstan specified 16 years as the applicable minimum age for admission to work or employment. It notes that, by virtue of section 18 of the Labour Code of 2004, persons who have reached the age of 16 years may be workers.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes the Government’s information that, according to the Kyrgyz Republic Education Law, primary education of four years and secondary education of five years are considered to be free and compulsory. It also notes the Government’s information that children normally finish compulsory education at 15–16 years. The Committee also notes that according to section 18 of the Labour Code, persons who have reached the age of 16 years may work, and in exceptional cases and subject to the agreement of the representative of the workers’ organizations or the state employment authorities, persons who have reached the age of 15 years may be employed.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, hazardous work. The Committee notes that section 294 of the Labour Code prohibits the employment of persons under the age of 18 years in work with harmful and dangerous conditions, underground work, and work which may cause harm to their health and moral development, such as work in gambling businesses and in nightclubs, the manufacture or sale of tobacco, narcotic and toxic substances, the lifting and carrying of heavy loads. Sections 97, 100 and 297 of the Labour Code further prohibit night work, overtime work and work on rest days and non-working days by persons under the age of 18 years. The Committee further notes the Government’s indication that the Ministry of Labour and Social Development, with the agreement of the national trade unions and employers’ organizations, drew up a list of industries, occupations and work with heavy and harmful conditions of work in which it is prohibited to employ persons under the age of 18 years. This list was approved by Decree No. 239 of 17 June 2005, which amended Decree No. 314 of 2 July 2001. The Committee takes due note that Decree No. 239 of 17 June 2005 contains a very detailed list of occupations or work in which persons under 18 cannot be engaged.

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

Article 7. Light work. The Committee notes that, according to section 18 of the Labour Code, persons who have reached the age of 16 years may work, and in exceptional cases and subject to the agreement of the representative of the workers’ organizations or the state employment authorities, persons who have reached the age of 15 years may be employed. It further states that pupils who have reached the age of 14 years may conclude an employment contract with the written consent of their parents, guardian or trustee to perform light work outside school hours, provided that it does not harm their health and does not interfere with their education. The Committee notes that according to sections 91 and 95 of the Labour Code, the working hours for workers aged 14–16 years shall not exceed 24 hours per week, and daily working hours shall not exceed five hours. The Committee reminds the Government that under Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons over 13 years of age for light work on condition that it is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee therefore requests the Government to indicate the manner in which the attendance at school of children working five hours a day is ensured. It also requests the Government to indicate the activities in which light work by children aged 14–16 may be permitted.

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

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

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

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

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

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

The Committee notes the Government’s first and the second reports of 2004 and 2007, respectively. It draws the Government’s attention to the following points.

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

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

2. Minimum age for admission to employment or work. The Committee notes that, at the time of ratification of the Convention, Kyrgyzstan specified 16 years as the applicable minimum age for admission to work or employment. It notes that, by virtue of section 18 of the Labour Code of 2004, persons who have reached the age of 16 years may be workers.

2. Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes the Government’s information that according to the Kyrgyz Republic Education Law, primary education of four years and secondary education of five years are considered to be free and compulsory. It also notes the Government’s information that children normally finish compulsory education at 15–16 years. The Committee also notes that according to section 18 of the Labour Code, persons who have reached the age of 16 years may work, and in exceptional cases and subject to the agreement of the representative of the workers’ organizations or the state employment authorities, persons who have reached the age of 15 years may be employed.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, hazardous work. The Committee notes that section 294 of the Labour Code prohibits the employment of persons under the age of 18 years in work with harmful and dangerous conditions, underground work, and work which may cause harm to their health and moral development, such as work in gambling businesses and in nightclubs, the manufacture or sale of tobacco, narcotic and toxic substances, the lifting and carrying of heavy loads. Sections 97, 100 and 297 of the Labour Code further prohibit night work, overtime work and work on rest days and non-working days by persons under the age of 18 years. The Committee further notes the Government’s indication that the Ministry of Labour and Social Development, with the agreement of the national trade unions and employers’ organizations, drew up a list of industries, occupations and work with heavy and harmful conditions of work in which it is prohibited to employ persons under the age of 18 years. This list was approved by Decree No. 239 of 17 June 2005, which amended Decree No. 314 of 2 July 2001. The Committee takes due note that Decree No. 239 of 17 June 2005 contains a very detailed list of occupations or work in which persons under 18 cannot be engaged.

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

Article 7. Light work. The Committee notes that according to section 18 of the Labour Code, persons who have reached the age of 16 years may work, and in exceptional cases and subject to the agreement of the representative of the workers’ organizations or the state employment authorities, persons who have reached the age of 15 years may be employed. It further states that pupils who have reached the age of 14 years may conclude an employment contract with the written consent of their parents, guardian or trustee to perform light work outside school hours, provided that it does not harm their health and does not interfere with their education. The Committee notes that according to sections 91 and 95 of the Labour Code, the working hours for workers aged 14 to 16 years shall not exceed 24 hours per week, and daily working hours shall not exceed five hours. The Committee reminds the Government that under Article 7, paragraph 1, of the Convention, national laws or regulations may permit the employment or work of persons over 13 years of age for light work on condition that it is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee therefore requests the Government to indicate the manner in which the attendance at school of children working five hours a day is ensured. It also requests the Government to indicate the activities in which light work by children aged 14 to 16 may be permitted.

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

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

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

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

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