Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Kyrgyzstan (Ratification: 1992)

The Committee notes the observations of the Federation of the Trade Unions in Kyrgyzstan (FPK) received on 1 September 2023.

The Committee notes that the report provided by the Government merely reproduces the same information contained in its last report of 2019. In this regard, the Committee wishes to recall that Governments have undertaken the obligation to provide information on the application of ratified ILO Conventions in law and in practice. It is on the grounds of that information, that the Committee fulfils its duties of assessment of the effective implementation of the ratified Conventions. The Committee urges the Government to ensure that the next report contains full and updated information on the matters raised below. Top of Form

Article 1 of the Convention. Prohibition of discrimination. Legislation.The Committee asks the Government to indicate the measures taken to raise awareness of the anti-discrimination provisions of the Constitution of 27 June 2010 (article 16(2)(2)) and the Labour Code (article 9) and to effectively promote equality in employment and occupation.

Scope of application. Public sector.Recalling that article 16(2)(2) of the Constitution prohibits discrimination on the basis of “sex, race, language, disability, ethnicity, belief, age, political and other convictions, education, background, property and other status as well as other circumstances”, the Committee once again asks the Government to provide information on any protection against discrimination provided specifically to workers in the public sector, including those covered by Act No. 114 of 11 August 2004 on the Public Service.

Discrimination based on sex. Indirect discrimination.Once again, the Committee asks the Government to indicate whether any steps have been taken to define and prohibit indirect gender-based discrimination more explicitly in the Gender Equality Act 2003.

Prohibition of discrimination in job advertising. The Committee notes that the FPK indicates in its observations that, in the Kyrgyz Republic, there are no specific regulations that prohibit discrimination during the hiring process. Employers freely disseminate information about job vacancies or open positions with discriminatory requirements towards applicants, such as age, nationality, place of residence, marital status and other requirements unrelated to the applicants’ professional qualities. The FPK indicates that, despite article 18 of the Act on State Guarantees of Equal Rights and Equal Opportunities for Men and Women stating that employers are prohibited from advertising job vacancies exclusively for either women or men, except for specific work roles that can only be performed by individuals of a particular gender, and from offering different terms and conditions based on gender, as well as from demanding information about the personal lives and childbearing plans of job applicants, discriminatory advertisements are however encountered in practice. The Committee asks the Government to provide information on: (i) any awareness-raising activities (aimed at eliminating stereotypical assumptions on women’s and men’s suitability for certain jobs) carried out for employers, workers and their organizations regarding the prohibition of discrimination in job advertising pursuant to article 18 of the Act on State Guarantees of Equal Rights and Equal Opportunities for Men and Women; and (ii) any measures implemented to ensure that, in practice, employers do not apply discriminatory criteria at the recruitment stage. In that regard, and noting the restrictions on labour inspections, including a moratorium on scheduled inspections, the Committee refers the Government to its pending comments under the Labour Inspection Convention, 1947 (No.81).

Sexual harassment. The Committee notes that the Government’s report does not contain any information in reply to its comments in this regard but merely reiterates that it is the legal duty of the employer to take steps to prevent sexual harassment. It further notes the observations of the FPK, according to which the legislation of the Kyrgyz Republic lacks adequate regulation on the prohibition of sexual harassment and harassment in the workplace. The Labour Code does not include the concept of sexual harassment in the workplace as a distinct offence to enhance protection against workplace discrimination for women. The FPK stresses that the general criminal liability measures provided in the Criminal Code of the Kyrgyz Republic are insufficient, as this matter is highly sensitive, difficult to prove, and the instances for which criminal liability is established do not cover the full spectrum of cases considered as impermissible sexual harassment. The Committee is bound to reiterate its request to the Government to indicate the steps taken or envisaged to: (i) include in the legislation a clear definition and prohibition of both quid pro quo and hostile work environment sexual harassment (see General Survey of 2023, Achieving Gender Equality at Work, paragraph 112); and (ii) raise awareness among employers, workers and their respective organizations of all the forms of sexual harassment, at the national, local or workplace levels, including in the public sector, through media campaigns or public conferences for example.

Articles 1 and 5. Exclusion of women from certain categories of work. The Committee recalls that: (1) under articles 218 and 303 of the Labour Code, it is prohibited to employ women for certain categories of work and that Resolution of the Government of the Kyrgyz Republic No. 158 of 24 March 2000 established a list of up to 400 jobs and tasks, with harmful and/or dangerous working conditions, in which it is prohibited to employ women; and (2) the Government previously indicated that, as part of the current reform of the labour law, work is under way to review this list. The Committee notes that the FPK states in its observations that the existence of a list of professions prohibited for women limits the employment opportunities and career choices for women, and reinforces and exacerbates the actual division of positions into "female" and "male."). In light of the above considerations, and the lack of information provided on the ongoing labour law reform, the Committee once again requests the Government to take steps to: (i) amend the Labour Code, in particular articles 218 and 303, to ensure that any restrictions to women’s access to certain categories of work are strictly limited to the protection of maternity and do not apply to women in general; (ii) review the list of industries, jobs, professions and positions with harmful and/or dangerous working conditions, in which it is prohibited to employ women, established by Government Resolution No. 158 of 24 March 2000; and (iii) review and amend any other gender-based discriminatory legal provisions, including the Law of 2003 on Labour Protection, restricting the employment of women.

Ethnic minorities. In the absence of any information on this point, the Committee asks the Government to take steps to address discrimination and inequalities faced by ethnic minorities in practice, in particular the Uzbek and Mugat minorities, for example to ensure that they have access to education, vocational training and employment on an equal footing with other sections of the population, and that any violations of the principle of equality are duly sanctioned. The Committee also asks the Government to undertake periodic awareness-raising measures with a view to eliminating racial stereotypes and prejudices among the general public and the world of work in particular, and to provide information on the initiatives undertaken in this regard.

Article 1(1)(b). Persons with disabilities. The Committee notes the observations of the FPK, according to which there is widespread occurrence of discrimination in the workplace against individuals with disabilities, in particular in the hiring process. The FPK observes that the Labour Code of the Kyrgyz Republic does not obligate employers in all cases to explain the reasons for the refusal of employment in written form and therefore, in situations where a written rejection is absent, the ability to prove the unlawfulness of the refusal of employment is practically non-existent. The Committee therefore requests the Government to provide statistical information on: (i) the employment rates of men and women workers with disabilities in both the public and private sectors; and (ii) the specific measures taken to promote the employment of persons with disabilities and to prevent any discrimination against them.

Article 2. National policy on gender equality. The Committee notes the Government’s indication that it adopted a Government Decision on the National Strategy to Achieve Gender Equality until 2024 (NSAGE) and a National Plan of Action for Gender Equality for 2022–24 (PAGE). This Plan includes measures to promote the employment of women, and address gender discrimination and stereotypes (including targeting different social, ethnic and religious groups) to eliminate patriarchal views on gender roles in the family and society and to identify discriminatory practices within employment and labour relations in selected pilot ministries. In that regard, the Committee observes that, in its Concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concerns with respect to: (1) the low employment rate of women (44 per cent) and the persistent gender pay gap, including barriers to women’s promotion to management positions, higher-paid jobs and decision-making positions, including in national and local administrations; (2) the concentration of women in the informal economy (64 per cent), often in exploitative conditions and without access to labour and social protection, especially during the COVID-19 pandemic; (3) discrimination in labour legislation that prompts labour migration and makes women vulnerable to trafficking in persons; (4) the lack of measures to ensure maternity protection and equal sharing of household and childcare responsibilities between women and men; and (5) the limited access to decent employment for disadvantaged and marginalized groups of women, including women belonging to ethnic minorities, migrant women and women with disabilities. (CEDAW/C/KGZ/CO/5, 29 November 2021, paragraph 33). The Committee asks the Government to provide: (i) a summary of the evaluation of the results achieved, including the obstacles encountered, in the implementation of the previous NSAGE and PAGE (2018–20), as well as NSAGE and PAGE (2020–24); (ii) detailed information on the specific measures taken to eliminate gender stereotypes, address horizontal and vertical occupational gender segregation and increase employment opportunities for women, including women from ethnic minorities, in all sectors; and (iii) information on the work of the Inter-Agency Working Group on gender discrimination and violence in employment and occupation (established in 2019) mentioned by the Government in its previous report.

Equal access to vocational training and education for men and women.In the absence of any information, once again the Committee asks the Government: (i) to indicate the steps taken or envisaged to ensure that education and vocational guidance are provided free from considerations based on gender stereotypes or prejudices and gender segregation, including measures implemented to encourage girls and women to choose non-traditional fields of study and professions; (ii) to provide information on any barriers encountered in practice by girls and young women, including from ethnic or religious minorities, to continue their education in schools and vocational institutions; and (iii) to detail the measures taken to overcome such obstacles, including through awareness-raising at the community level.

Article 3(a). Cooperation with workers’ and employers’ organizations. Collective agreements. The Committee reiterates its request to the Government to provide information on the cooperation of the social partners regarding the promotion of equality of opportunity and treatment in employment and occupation, in particular highlighting their role in supporting the implementation of the Gender Equality Act 2003 and refers to its pending comments on this Act under the Equal Remuneration Convention, 1951 (No. 100). It also asks the Government to provide more information on the content of the “women’s sections” included in certain collective agreements to ensure they do not reproduce gender stereotypes and prejudices.

Article 5. Special measures of assistance. Workers with family responsibilities. Welcoming the Government’s indication that amendments to article 304 of the Labour Code will be considered as part of the work of the Inter-Agency Working Group to improve the labour law, the Committee asks the Government to review and amend those provisions with a view to ensuring that measures aimed at assisting workers with children are provided to both men and women workers on an equal footing.

Enforcement. The Committee notes with regret the absence of information of the Government in this regard. It however notes the observations of the FPK, according to which violators of the prohibition of discrimination are rarely held accountable in practice, while the rights of individuals subjected to discrimination are not restored. The FPK adds that the consideration of discrimination cases lies exclusively within the competence of the courts and that there are no other specialized bodies to which an individual subjected to discrimination can turn for protection against discrimination, nor are there any bodies dedicated to eradicating established discriminatory practices. In that regard, the Committee wishes to refer the Government to its comments under the application of the Labour Inspection Convention, 1947 (No. 81) and its General Observation of 2019 under this instrument, which recalls the importance of labour inspection in ensuring respect for fundamental principles and rights at work. The Committee therefore asks the Government once again to provide information on the number and nature of complaints in relation to discrimination based on any of the grounds covered by the Convention in employment and occupation dealt with by the Ombudsman and the General Procurator, as well as information on the sanctions imposed and the remedies granted.