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

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

Previous comment

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

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

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

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

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

Previous comment

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for the expression of political views or views opposed to the established political, social or economic system. The Committee notes that the United Nations Human Rights Committee, in its 2022 concluding observations, expressed concern about reports of undue government pressure on human rights defenders, lawyers, politicians, journalists and other individuals for expressing their opinion, including the initiation of criminal proceedings against bloggers and journalists (CCPR/C/KGZ/CO/3). The Committee also notes the statement of the United Nations Human Rights Office spokesperson of 26 October 2022 indicating the arrests and initiation of criminal charges against more than 20 people, including activists and bloggers, for organizing mass riots.

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. In this regard, the Committee has stressed that the range of activities that must be protected from punishment involving compulsory labour, includes the right to freedom of expression, which may be exercised orally or through the press and other communications media, as well as various other recognized rights, such as the right of association and assembly (see 2012 General Survey on the fundamental Conventions, paragraph 302).

The Committee therefore requests the Government to take the necessary measures to ensure that in practice persons who peacefully express certain political views or views ideologically opposed to the established political, social or economic system are not punished with penalties involving compulsory labour.

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 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for the expression of views opposed to the established political, social or economic system. 1. Penal sanctions for an insult of a public official. The Committee previously noted that section 342 of the Penal Code of 1997 states that the insult of a public official during the discharge of their official duties, or in connection with this discharge, shall be punishable by a fine of 50 to 100 minimum monthly wages or to imprisonment of a term of up to six months (which involves the obligation to perform work). The Committee recalled that Article 1(a) of the Convention prohibits the use of compulsory labour (including compulsory prison labour) as a punishment for holding or expressing political views.

The Committee notes the Government’s indication in its report that the new Penal Code entered into force on 1 January 2019. The Committee notes with interest that the Penal Code of 2019 does not contain a provision considering the insult of a public official as an offence punishable by sanctions of imprisonment.

2. Penal sanctions for organization and participation in an illegal religious group. The Committee notes that according to section 196(1) of the Penal Code of 2019, organization or leadership of an illegal religious group whose activities are carried out under the guise of preaching religious beliefs and performing religious rituals, if it causes significant harm to citizens’ rights or encourages them to abandon social activities or refuse compliance with civic duties, or if it involves minors, can be punished with category IV correctional labour or category I imprisonment (including compulsory prison labour). As per section 196(2) of the Penal Code of 2019, active participation in the activities of such an illegal religious group or its systematic promotion can be punished with category IV correctional labour or category I imprisonment.

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour, including compulsory prison labour, as a punishment for holding or expressing views ideologically opposed to the established political, social or economic system. In its 2007 General Survey on the eradication of forced labour, paragraph 154, the Committee indicates that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence. Nevertheless, sanctions involving compulsory labour fall within the scope of the Convention if they enforce a prohibition of the peaceful expression of views or of opposition to the established political, social or economic system. In this regard, the Committee observes that provisions of section 196 of the Penal Code provide for the imposition of penalties involving compulsory labour in circumstances defined in terms which are broad enough to give rise to questions about their conformity to the Convention. The Committee requests the Government to provide detailed information on the manner in which section 196 of the Penal Code is applied in practice, with an indication of whether any court rulings have been handed down under this section, the penalties imposed and a description of the acts giving rise to such rulings, to enable it to examine to what extent these provisions are compatible with the Convention.

Article 1(c). Penal sanctions applicable to public officials. The Committee previously noted that pursuant to section 316(1) of the Penal Code of 1997 (“Negligence”), the non-performance or improper performance by an official of his/her duties as the result of a negligent attitude, causing substantial harm to the legitimate rights and interests of persons or organizations, or to state interests, is punishable by arrest (which involves deprivation of freedom and an obligation to perform labour). The Committee requested the Government to provide information on the application of section 316(1) of the Penal Code in practice, including copies of court decisions which could define or illustrate its scope, in order to enable the Committee to ascertain whether this provision is not used as a means of labour discipline within the meaning of the Convention.

The Committee notes the Government’s information that since 2015, two persons have been imprisoned under section 316 of the Penal Code of 1997. The Committee further notes that according to section 331(1) of the new Penal Code of 2019 (“Negligence”), the non-performance or improper performance by an official of his/her duties as a result of negligent behaviour, causing significant harm can be punished with category IV community service or with category III correctional labour. The Committee further notes that according to Annex 1 of the Penal Code of 2019, the definition “significant harm” covers various consequences, including, for example, violation of constitutional human and civil rights and freedoms or significant material (property) damage, as well as other consequences clearly indicating the significance of the harm caused. In its 2007 General Survey on the eradication of forced labour, paragraph 175, the Committee indicates that “the Convention does not prohibit the imposition of sanctions (even if involving compulsory labour) on persons responsible for breaches of labour discipline that impair or are liable to endanger the operation of essential services, or which are committed either in the exercise of functions that are essential to safety or in circumstances where life or health are in danger.” In this regard, the Committee observes that the wording of section 331(1) of the Penal Code of 2019, by referring to “significant harm”, might lead to the imposition of penalties involving compulsory labour in a range of circumstances that are not limited to situations where the life, personal safety or health of the population is endangered. The Committee requests the Government to provide information on the manner in which section 331(1) of the Penal Code of 2019 is applied in practice, with an indication of whether any court rulings have been handed down under this section, the penalties imposed and a description of the acts giving rise to such rulings, to enable it to examine to what extent these provisions are compatible with the present provisions of the Convention.

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 2012.

Repetition

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for the expression of views opposed to the established political, social or economic system. The Committee notes that section 342 of the Penal Code states that the insult of a public official during the discharge of their official duties, or in connection with this discharge, shall be punishable by a fine of 50 to 100 minimum monthly wages or to imprisonment of a term of up to six months (which involves the obligation to perform work). The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour (including compulsory prison labour) as a punishment for holding or expressing political views. The Committee therefore requests the Government to take the necessary measures to ensure that section 342 of the Penal Code is amended or repealed so as to ensure that no prison sentence entailing compulsory labour can be imposed on persons who, without using or advocating violence, express certain political views or opposition to the established political, social or economic system. Pending the adoption of such an amendment, the Committee requests the Government to provide information on the application in practice of section 342 of the Penal Code, in its next report.

Article 1(c). Penal sanctions applicable to public officials. The Committee previously noted that pursuant to section 316(1) of the Penal Code (“Negligence”), the non-performance or improper performance by an official of his/her duties as the result of a negligent attitude, causing substantial harm to legitimate rights and interests of persons or organizations, or to state interests, is punishable by arrest (which involves deprivation of freedom and an obligation to perform labour). The Committee once again requests the Government to provide, in its next report, information on the application in practice of section 316(1) of the Penal Code, including copies of court decisions which could define or illustrate its scope, in order to enable the Committee to ascertain whether this provision is not used as a means of labour discipline within the meaning of the Convention.

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 2012.

Repetition

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for the expression of views opposed to the established political, social or economic system. The Committee notes that section 342 of the Penal Code states that the insult of a public official during the discharge of their official duties, or in connection with this discharge, shall be punishable by a fine of 50 to 100 minimum monthly wages or to imprisonment of a term of up to six months (which involves the obligation to perform work). The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour (including compulsory prison labour) as a punishment for holding or expressing political views. The Committee therefore requests the Government to take the necessary measures to ensure that section 342 of the Penal Code is amended or repealed so as to ensure that no prison sentence entailing compulsory labour can be imposed on persons who, without using or advocating violence, express certain political views or opposition to the established political, social or economic system. Pending the adoption of such an amendment, the Committee requests the Government to provide information on the application in practice of section 342 of the Penal Code, in its next report.

Article 1(c). Penal sanctions applicable to public officials. The Committee previously noted that pursuant to section 316(1) of the Penal Code (“Negligence”), the non-performance or improper performance by an official of his/her duties as the result of a negligent attitude, causing substantial harm to legitimate rights and interests of persons or organizations, or to state interests, is punishable by arrest (which involves deprivation of freedom and an obligation to perform labour). The Committee once again requests the Government to provide, in its next report, information on the application in practice of section 316(1) of the Penal Code, including copies of court decisions which could define or illustrate its scope, in order to enable the Committee to ascertain whether this provision is not used as a means of labour discipline within the meaning of the Convention.

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

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

Repetition

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for the expression of views opposed to the established political, social or economic system. The Committee notes that section 342 of the Penal Code states that the insult of a public official during the discharge of their official duties, or in connection with this discharge, shall be punishable by a fine of 50 to 100 minimum monthly wages or to imprisonment of a term of up to six months (which involves the obligation to perform work). The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour (including compulsory prison labour) as a punishment for holding or expressing political views. The Committee therefore requests the Government to take the necessary measures to ensure that section 342 of the Penal Code is amended or repealed so as to ensure that no prison sentence entailing compulsory labour can be imposed on persons who, without using or advocating violence, express certain political views or opposition to the established political, social or economic system. Pending the adoption of such an amendment, the Committee requests the Government to provide information on the application in practice of section 342 of the Penal Code, in its next report.

Article 1(c). Penal sanctions applicable to public officials. The Committee previously noted that pursuant to section 316(1) of the Penal Code (“Negligence”), the non-performance or improper performance by an official of his/her duties as the result of a negligent attitude, causing substantial harm to legitimate rights and interests of persons or organizations, or to state interests, is punishable by arrest (which involves deprivation of freedom and an obligation to perform labour). The Committee once again requests the Government to provide, in its next report, information on the application in practice of section 316(1) of the Penal Code, including copies of court decisions which could define or illustrate its scope, in order to enable the Committee to ascertain whether this provision is not used as a means of labour discipline within the meaning of the Convention.

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

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

Repetition

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for the expression of views opposed to the established political, social or economic system. The Committee notes that section 342 of the Penal Code states that the insult of a public official during the discharge of their official duties, or in connection with this discharge, shall be punishable by a fine of 50 to 100 minimum monthly wages or to imprisonment of a term of up to six months (which involves the obligation to perform work). The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour (including compulsory prison labour) as a punishment for holding or expressing political views. The Committee therefore requests the Government to take the necessary measures to ensure that section 342 of the Penal Code is amended or repealed so as to ensure that no prison sentence entailing compulsory labour can be imposed on persons who, without using or advocating violence, express certain political views or opposition to the established political, social or economic system. Pending the adoption of such an amendment, the Committee requests the Government to provide information on the application in practice of section 342 of the Penal Code, in its next report.

Article 1(c). Penal sanctions applicable to public officials. The Committee previously noted that pursuant to section 316(1) of the Penal Code (“Negligence”), the non-performance or improper performance by an official of his/her duties as the result of a negligent attitude, causing substantial harm to legitimate rights and interests of persons or organizations, or to state interests, is punishable by arrest (which involves deprivation of freedom and an obligation to perform labour). The Committee once again requests the Government to provide, in its next report, information on the application in practice of section 316(1) of the Penal Code, including copies of court decisions which could define or illustrate its scope, in order to enable the Committee to ascertain whether this provision is not used as a means of labour discipline within the meaning of the Convention.

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

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for the expression of views opposed to the established political, social or economic system. The Committee notes that section 342 of the Penal Code states that the insult of a public official during the discharge of their official duties, or in connection with this discharge, shall be punishable by a fine of 50 to 100 minimum monthly wages or to imprisonment of a term of up to six months (which involves the obligation to perform work). The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour (including compulsory prison labour) as a punishment for holding or expressing political views. The Committee therefore requests the Government to take the necessary measures to ensure that section 342 of the Penal Code is amended or repealed so as to ensure that no prison sentence entailing compulsory labour can be imposed on persons who, without using or advocating violence, express certain political views or opposition to the established political, social or economic system. Pending the adoption of such an amendment, the Committee requests the Government to provide information on the application in practice of section 342 of the Penal Code, in its next report.

Article 1(c). Penal sanctions applicable to public officials. The Committee previously noted that pursuant to section 316(1) of the Penal Code (“Negligence”), the non-performance or improper performance by an official of his/her duties as the result of a negligent attitude, causing substantial harm to legitimate rights and interests of persons or organizations, or to state interests, is punishable by arrest (which involves deprivation of freedom and an obligation to perform labour). The Committee once again requests the Government to provide, in its next report, information on the application in practice of section 316(1) of the Penal Code, including copies of court decisions which could define or illustrate its scope, in order to enable the Committee to ascertain whether this provision is not used as a means of labour discipline within the meaning of the Convention.

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

Communication of texts. The Committee requests the Government to supply, with its next report, copies of laws and regulations on the execution of penal sentences, as well as laws governing political parties and associations.

Article 1(c) of the Convention. Penal sanctions applicable to public officials. The Committee notes that, under section 316(1) of the Penal Code (“Negligence”), the non-performance or improper performance by an official of his/her duties as the result of a negligent attitude, causing substantial harm to legitimate rights and interests of persons or organizations, or to state interests, is punishable by arrest (which involves deprivation of freedom and an obligation to perform labour).

The Committee requests the Government to provide, in its next report, information on the court decisions passed under section 316(1) of the Penal Code, which could define or illustrate its scope, including sample copies of such decisions, in order to enable the Committee to ascertain whether this provision is not used as a means of labour discipline within the meaning of the Convention.

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:

Communication of texts. The Committee requests the Government to supply, with its next report, copies of laws and regulations on the execution of penal sentences, as well as laws governing political parties and associations.

Article 1(c) of the Convention. Penal sanctions applicable to public officials. The Committee notes that, under section 316(1) of the Penal Code (“Negligence”), the non-performance or improper performance by an official of his/her duties as the result of a negligent attitude, causing substantial harm to legitimate rights and interests of persons or organizations, or to state interests, is punishable by arrest (which involves deprivation of freedom and an obligation to perform labour).

The Committee requests the Government to provide, in its next report, information on the court decisions passed under section 316(1) of the Penal Code, which could define or illustrate its scope, including sample copies of such decisions, in order to enable the Committee to ascertain whether this provision is not used as a means of labour discipline within the meaning of the Convention.

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:

Communication of texts. The Committee requests the Government to supply, with its next report, copies of laws and regulations on the execution of penal sentences, as well as laws governing political parties and associations.

Article 1, subparagraph c, of the Convention. Penal sanctions applicable to public officials. The Committee notes that, under section 316(1) of the Penal Code (“Negligence”), the non-performance or improper performance by an official of his/her duties as the result of a negligent attitude, causing substantial harm to legitimate rights and interests of persons or organizations, or to state interests, is punishable by arrest (which involves deprivation of freedom and an obligation to perform labour).

The Committee requests the Government to provide, in its next report, information on the court decisions passed under section 316(1) of the Penal Code, which could define or illustrate its scope, including sample copies of such decisions, in order to enable the Committee to ascertain whether this provision is not used as a means of labour discipline within the meaning of the Convention.

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

The Committee has noted with interest the information provided by the Government in its first report on the application of the Convention.

Communication of texts. The Committee requests the Government to supply, with its next report, copies of laws and regulations on the execution of penal sentences, as well as laws governing political parties and associations.

Article 1(c) of the Convention. Penal sanctions applicable to public officials. The Committee notes that, under section 316(1) of the Penal Code (“Negligence”), the non-performance or improper performance by an official of his/her duties as the result of a negligent attitude, causing substantial harm to legitimate rights and interests of persons or organizations, or to state interests, is punishable by arrest (which involves deprivation of freedom and an obligation to perform labour).

The Committee requests the Government to provide, in its next report, information on the court decisions passed under section 316(1) of the Penal Code, which could define or illustrate its scope, including sample copies of such decisions, in order to enable the Committee to ascertain whether this provision is not used as a means of labour discipline within the meaning of the Convention.