Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Kirghizistan (Ratification: 2004)

Article 5 of the Convention. Monitoring mechanisms. The Committee previously noted that recommendations were prepared for the development and improvement of monitoring procedures concerning child labour, which were to be adopted by the Coordinating Council for Child Labour and the National Tripartite Commission on the Regulation of Social, Labour and related Economic Relations, following discussions with the trade unions and employers.

The Committee notes the information in the Technical Progress Report for the ILO–IPEC project entitled “Combating Child Labour in Central Asia” of January 2010 (ILO–IPEC TPR) that ILO–IPEC provided technical assistance in the development of the Child Labour Monitoring Framework, and that ILO–IPEC national experts finalized the draft guideline in 2009. This report indicates that a draft guideline would be submitted to the Ministry of Labour in January 2010 for consideration and finalization. The Committee encourages the Government to take the necessary measures to ensure the timely consideration and finalization of the Child Labour Monitoring Framework. The Committee also requests the Government to provide information on the impact of this framework, once finalized, on the prevention and the elimination of the worst forms of child labour.

Article 6. Programmes of action. 1. State programmes of action by the social partners. In its previous comments, the Committee noted that the draft State Programme of Action of the Social Partners for the Elimination of the Worst Forms of Child Labour was approved by the National Council and was under consideration by the Government. It requested the Government to provide information on progress made in this regard.

The Committee notes the information in the 2008 Report on the Worst Forms of Child Labour in Kyrgyzstan (WFCL Report), available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org), that the State Programme of Action of Social Partners for the Elimination of the Worst Forms of Child Labour in the Kyrgyz Republic (2008–11) was adopted. This Programme aims to strengthen legislation, improve the efficiency of the labour inspectorate, withdraw and prevent children from the worst forms of child labour, promote youth employment, and increase awareness about the worst forms of child labour. The Committee also notes the information in the ILO–IPEC TPR that, within this the framework of this Programme, Bishkek city administration issued a municipal Ordinance No. 471-p of 4 September 2009 on supplementary measures for providing access to working children to medical and educational services in the city. The ILO–IPEC TPR also indicates that ILO–IPEC is playing a role in supporting the Government and social partners in the implementation of this Programme. The Committee encourages the Government to continue to implement the State Programme of Action of Social Partners for the Elimination of the Worst Forms of Child Labour in the Kyrgyz Republic. It requests the Government to provide information on concrete measures taken within the context of this Programme, as well as information on the results achieved.

2. Trafficking in children. The Committee previously noted that a preliminary draft State Programme on the Prevention of Trafficking in Persons in the Kyrgyz Republic had been elaborated, including a strategy, priorities and approaches to the prevention, suppression and combating trafficking of persons, including children.

The Committee notes the information in the WFCL Report that the State Programme has been adopted, and that the goals of this Programme include expanding the definition of trafficking in persons, increasing public awareness, and increasing social protection for trafficking victims. The Committee encourages the Government to ensure the effective implementation of the State Programme on the Prevention of Trafficking in Persons in the Kyrgyz Republic. It requests the Government to provide information on the specific measures taken with regard to the protection of child victims of trafficking that have been implemented within the framework of this Programme.

Article 7(2). Effective and time-bound measures. In its previous comments, the Committee noted the Government’s participation in the ILO–IPEC project “Capacity Building Project: Regional Programme on the Worst Forms of Child Labour”. The Committee notes that this project included the following action programmes in Kyrgyzstan:

–      actions against the involvement of children in illicit drug trafficking;

–      organization of information campaigns leading up to the World Day Against Child Labour;

–      strengthening the capacity of the partners to address child labour issues in Issykkul region; and

–      elimination of child labour in the tobacco-growing industry in Kyrgyzstan.

The Committee also notes that a subsequent ILO–IPEC project entitled “Combating Child Labour in Central Asia – Commitment becomes Action” (PROACT–CAR Phase II) began implementation in January 2008. The Committee notes the information in ILO–IPEC TPR that, as of January 2010, activities taken under this framework included awareness-raising events, assistance with the finalization of guidelines for social workers working with the worst forms of child labour, and coordination with labour unions on child labour issues. Action programmes implemented within the PROACT–CAR Phase II include “Preventing child labour in the informal sector through providing educational, rehabilitation opportunities and awareness-raising activities in Osh and Karasuu towns” and “Strengthening the capacity of tripartite committees and mainstreaming of child labour issues into local development plans”. The
ILO–IPEC TPR further indicates that, in the last six months of 2009, 47 children were withdrawn, and an additional 133 children were prevented, from child labour through PROACT–CAR Phase II activities in Kyrgyzstan.

Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the UNESCO information that there had been a decrease in the primary-level net enrolment rate between 1999 and 2005. It also noted increasing drop-out rates, especially among girls forced into marriage and migrant children, who have little access to schools. The Committee noted that, during its transition to a market economy, the Kyrgyz Republic had encountered serious economic and social problems, including an increase in unemployment and poverty which had a negative impact on the most vulnerable sections of the population. However, the Committee noted that the country was moving toward the goal of universal primary enrolment, and had a high chance of achieving the goal by 2015, as well as the gender parity goal in both primary- and secondary-education levels.

The Committee notes the information in the UNESCO report entitled “Education For All (EFA) – Global Monitoring Report 2009” that the primary net enrolment rate was 86 per cent in 2006 (down from 88 per cent in 1999), or approximately 29,000 out-of-school children. The Committee also notes the information in this report that the secondary net enrolment rate was 80 per cent in 2006. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee strongly encourages the Government to renew its efforts to strengthen the functioning of the education system, in particular by increasing the school enrolment rate at both the primary and secondary levels, in order to achieve the EFA goal by 2015. It requests the Government to provide information on the results attained.

Clause (d). Identifying and reaching out to children at special risk. 
1. Poor families. In its previous comments, the Committee noted that the Government was implementing a National Poverty Reduction Strategy, which involved support for vulnerable populations, improvement of legislation to take account of the interests of the family and children and the provision of targeted assistance. The Committee also noted the implementation of the “New Generation” Programme 2010 aimed at reducing poverty levels and establishing conditions to ensure the all-round development of children by targeting at risk families.

The Committee notes the information in the ILO–IPEC TPR that, within the “New Generation” programme, the Ministry of Labour funded 24 social projects within the theme of “Prevention of the worst forms of child labour and social adaptation of children with special needs.” Approximately 4.2 million Kyrgyz som (approximately US$94,545) were allocated for the implementation of these projects. The Committee encourages the Government to continue its efforts to prevent children from poor socio-economic families from being engaged in the worst forms of child labour, particularly within the context of the National Poverty Reduction Strategy and the “New Generation” Programme.

2. Street children. In its previous comments, the Committee noted that the number of street children forced into prostitution, begging and casual work was on the rise. The Committee observed that street children were at a greater risk of being engaged in the worst forms of child labour and encouraged the Government to continue to take effective and time-bound measures to protect these children from the worst forms of child labour.

The Committee notes the information on the UNDP Kyrgyzstan web site (www.undp.kg) that there may be up to 15–20,000 street and working children in the country, and approximately 2,000 such children in Bishkek City. The Committee also notes the information in the ILO–IPEC TPR that the UNDP, in collaboration with ILO–IPEC, operates a programme entitled “Vocational Education for Street Children”, providing education to these children at vocational schools in Bishkek. The Committee further notes that the Committee on the Rights of the Child, in its concluding observations in connection with the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, expressed concern about the difficult situation of certain groups of children, particularly street children and working children, as they are particularly vulnerable to all forms of exploitation (CRC/C/OPSC/KGZ/CO/1, paragraph 27). The Committee therefore requests the Government to redouble its efforts to protect street children from the worst forms of child labour, and to take the necessary measures to provide for their removal, rehabilitation and social integration. The Committee requests the Government to provide information on measures taken in this regard, as well as the results obtained.

Part V of the report form. Application of the Convention in practice. National Child Labour Survey. The Committee previously noted that ILO–SIMPOC was implementing a programme of action in the country in order to carry out a child labour survey and develop a database on child labour. It requested the Government to provide information on progress made in this regard. The Committee notes the information in the ILO–IPEC TPR that the English version of the National Child Labour Survey was due to be presented by the National Statistical Committee in 2009. The Committee requests Government to supply a copy of the report of the National Statistical Committee’s National Child Labour Survey, once it is available.