Forced Labour Convention, 1930 (No. 29) - Kyrgyzstan (Ratification: 1992)
Protocol of 2014 to the Forced Labour Convention, 1930 - Kyrgyzstan (Ratification: 2020)

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

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

The Committee notes the observations of the Kyrgyzstan Federation of Trade Unions (FPK), received on 1 November 2022.

Articles 1(1), 2(1) and 25 of the Convention. Prohibition of forced labour. The Committee notes from the Government’s report that section 170 of the Criminal Code adopted in 2021 sets out imprisonment of from three to six years for the use of forced labour. It further notes the Government’s indication that despite the efforts made, forced labour practices continue to exist in different regions of Kyrgyzstan. In this respect, the FPK points out that foreign citizens are primarily at risk of being subjected to forced labour and refers to several citizens of Uzbekistan who reported being victims of forced labour through the hotlines of the human rights organizations in 2020–22. The Committee requests the Government to provide information on the measures taken to prevent and suppress the use of forced labour and ensure that perpetrators are appropriately identified and punished. It further requests the Government to supply statistical data on the application of section 170 of the Criminal Code, including the number of investigations, prosecutions, convictions and penal sanctions applied and the difficulties encountered in this regard.

Article 2(2)(a). Compulsory military service. Alternative service. The Committee previously requested the Government to provide information on the number of persons involved in alternative service, as compared to the number of those performing compulsory military service. In its reply, the Government indicates that the requested information is confidential and is not subject to disclosure.

The Committee recalls that compulsory military service is excluded from the scope of the Convention, provided that it is used “for work of a purely military character” (Article 2(2)(a)). However, a non-military activity performed as an alternative to compulsory military service may also fall outside the scope of the Convention in limited circumstances. In particular, this includes an alternative service which may be carried out as a privilege granted to individuals on request, in acknowledgement of freedom of conscience. In examining whether performance of an alternative service is a privilege granted to individuals on their request or whether, on the contrary, national service is being used as a means of pursuing economic and social development through the use of compulsory labour, due account should be taken of the number of persons concerned and the conditions in which they make their choice (see the Committee’s 2012 General Survey on the fundamental Convention, paragraphs 274–75).

The Committee further recalls that according to sections 16(2) and 32 of the Act on Universal Compulsory National Service for Kyrgyz Citizens: Military and Alternative Service of 2009, conscripts who have not been despatched to a military unit due to meeting a conscription quota have a right to perform an alternative service upon their written request. Otherwise, such conscripts will be called up for military service in the next conscription. The Committee observes that in such circumstances, performance of an alternative service does not always relate to the exercise of freedom of conscience. While taking into consideration the Government’s indication that the information on the number of persons involved in alternative service and compulsory military service is confidential, the Committee nevertheless points out the need to determine whether in Kyrgyzstan, the alternative service is only performed as a privilege granted to individuals at their request and on limited grounds and therefore could fall outside the scope of the Convention or on the contrary concerns a large number of citizens. In this respect, the Committee requests the Government to indicate the percentage of persons who undertake an alternative service, as compared to the percentage of those performing compulsory military service without providing the exact number of conscripts.

Article 2(2)(c). 1. Work of prisoners for private enterprises. The Committee notes the Government’s indication that according to section 58 of the 2013 Instructions on the procedure and conditions for serving sentences in prison settlements within the Kyrgyz penitentiary system, convicted persons in prison settlements can be hired by a private entity only upon their written consent. The Committee reiterates its previous comments indicating that apart from the prison settlements (“kolonii-poseleniya”), convicted persons in corrective settlements (“ispravitelnye-kolonii”) and prisons (“tyurmy”) may also perform compulsory work at enterprises of correctional institutions, state organizations, and organizations of other forms of ownership (sections 73 and 103 of the Criminal Executive Code of 2017). The Committee therefore requests once again the Government to indicate whether convicted persons in corrective settlements (“ispravitelnye-kolonii”) and prisons (“tyurmy”) who work for a private entity only do so with their formal, free and informed consent.

2. Sentences of public work. The Committee observes that sections 60(1)(a) and 61 of the Criminal Code of 2021 provide, among the penal sanctions that can be imposed by courts, the penalty of public work, which consists of an obligation to perform unpaid work for the benefit of society during a period from 40 to 300 hours. The types of public work shall be determined by local authorities together with the probation authorities. The Committee further observes that according to section 30 of the Code of Administrative Offenses of 2021, public works may be appointed by courts for a period from 8 to 40 hours. The Committee requests the Government to indicate the nature of institutions for which offenders may perform public work, and to provide examples of the types of public work that may be required under the Criminal Code and the Code of Administrative Offenses.

3. Sentences of restriction of freedom. The Committee observes that, pursuant to sections 60(1)(b) and 62 of the Criminal Code of 2021, courts can impose on offenders a penal sanction of restriction of freedom for a period from six months to three years. The Committee further observes that the penalty of restriction of freedom may include an obligation to enter work or study within the determined period (section 62(3)(4) of the Criminal Code). According to section 63(4) of the Criminal Executive Code of 2017, the work performed by convicted persons sentenced to restriction of freedom shall be regulated by labour legislation, except for the rules of hiring, dismissal from work, and transfer to another job. The Committee requests the Government to indicate if the courts have handed down sentences of restriction of freedom involving the duty to “enter work”. If this is the case, please provide information on the number of these sentences since the Code has been in effect and modalities of execution of this penalty, including the nature of the institutions for which offenders sentenced to restriction of liberty may perform work and examples of such work.

Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

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

Repetition

The Committee notes that the first report of the Government on the application of the Protocol of 2014 to the Forced Labour Convention, 1930, has not been received. The Committee requests the Government to provide the first report on the Protocol of 2014 along with its next report on the Convention due in 2025.

The Committee notes the observations of the Kyrgyzstan Federation of Trade Unions (FPK), received on 1 November 2022.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Implementation and assessment of the action plan. The Committee notes the Government’s information on the adoption of the Programme to Combat Trafficking in Persons for 2022–25 and its Action Plan by Cabinet of Ministers’ Resolution No. 227 of 2022. The Government also indicates that through Cabinet of Ministers’ Decree No. 252 of 2021, the Ministry of Labour, Social Security and Migration has been designated as the State executive body responsible for the development and implementation of the national policy in the field of trafficking in persons. Coordination councils have also been established in the regions to serve as an effective mechanism for interdepartmental cooperation between State bodies and civil society to combat trafficking in persons at the local level. The Committee notes that both the Government and the FPK recognize that despite these measures Kyrgyzstan remains a country of origin and transit for trafficking in persons for the purposes of sexual and labour exploitation and, to a lesser extent, a country of destination.

The Committee requests the Government to pursue its efforts to prevent and combat trafficking in persons, through the effective implementation of the Programme to Combat Trafficking in Persons for 2022–25 and its Action Plan. The Committee also requests the Government to provide information on the measures taken in this regard, as well as on the results of any monitoring and evaluation of the implementation of the Programme and its Action Plan, and the action taken as a follow-up.

2. Identification and protection of victims. The Committee notes the Government’s indication concerning the lack of effective measures to ensure early identification of victims of trafficking, including among vulnerable groups of women. The Committee also observes that the Programme for 2022–25 aims at developing the professional capacity of relevant bodies to identify victims of trafficking and ensuring effective collaboration of departmental agencies in the identification and referral of victims of trafficking (section 6 of the Programme). Section 4 of the Action Plan for 2022–25 contains various measures to improve protection and social assistance services provided to victims of trafficking, including the establishment of a shelter.

The Committee requests the Government to intensify its efforts with regard to the identification of victims of trafficking for purposes of both sexual and labour exploitation, and to ensure that appropriate protection and assistance is provided to such victims. It further requests the Government to provide information on the number of victims who have been identified and on the nature of the assistance and protection granted. The Committee also requests the Government to indicate the information provided to victims relating to safe migration and fair recruitment.

3. Law enforcement. The Committee notes that according to the Government and the FPK, effective measures are needed to address the lack of effectiveness of prosecutions and the root causes of corruption among law enforcement bodies with a view to combating trafficking in persons. The Committee further observes that the Government’s report does not provide information on investigations, prosecutions or convictions handed down for cases of trafficking. The Committee requests the Government to take the necessary measures to ensure that all cases of trafficking in persons are adequately identified and subject to thorough investigations, so as to facilitate the prosecution and imposition of effective and dissuasive penalties on perpetrators, including complicit officials. The Committee requests the Government to provide information in this regard, as well as on the number of investigations, prosecutions, convictions and specific penalties applied under section 166 of the Criminal Code of 2021, which criminalizes trafficking in persons.

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 2023, published 112nd ILC session (2024)

Previous comment

The Committee notes the observations of the Kyrgyzstan Federation of Trade Unions (FPK), received on 1 November 2022.

Articles 1(1), 2(1) and 25 of the Convention. Prohibition of forced labour. The Committee notes from the Government’s report that section 170 of the Criminal Code adopted in 2021 sets out imprisonment of from three to six years for the use of forced labour. It further notes the Government’s indication that despite the efforts made, forced labour practices continue to exist in different regions of Kyrgyzstan. In this respect, the FPK points out that foreign citizens are primarily at risk of being subjected to forced labour and refers to several citizens of Uzbekistan who reported being victims of forced labour through the hotlines of the human rights organizations in 2020–22. The Committee requests the Government to provide information on the measures taken to prevent and suppress the use of forced labour and ensure that perpetrators are appropriately identified and punished. It further requests the Government to supply statistical data on the application of section 170 of the Criminal Code, including the number of investigations, prosecutions, convictions and penal sanctions applied and the difficulties encountered in this regard.

Article 2(2)(a). Compulsory military service. Alternative service. The Committee previously requested the Government to provide information on the number of persons involved in alternative service, as compared to the number of those performing compulsory military service. In its reply, the Government indicates that the requested information is confidential and is not subject to disclosure.

The Committee recalls that compulsory military service is excluded from the scope of the Convention, provided that it is used “for work of a purely military character” (Article 2(2)(a)). However, a non-military activity performed as an alternative to compulsory military service may also fall outside the scope of the Convention in limited circumstances. In particular, this includes an alternative service which may be carried out as a privilege granted to individuals on request, in acknowledgement of freedom of conscience. In examining whether performance of an alternative service is a privilege granted to individuals on their request or whether, on the contrary, national service is being used as a means of pursuing economic and social development through the use of compulsory labour, due account should be taken of the number of persons concerned and the conditions in which they make their choice (see the Committee’s 2012 General Survey on the fundamental Convention, paragraphs 274–75).

The Committee further recalls that according to sections 16(2) and 32 of the Act on Universal Compulsory National Service for Kyrgyz Citizens: Military and Alternative Service of 2009, conscripts who have not been despatched to a military unit due to meeting a conscription quota have a right to perform an alternative service upon their written request. Otherwise, such conscripts will be called up for military service in the next conscription. The Committee observes that in such circumstances, performance of an alternative service does not always relate to the exercise of freedom of conscience. While taking into consideration the Government’s indication that the information on the number of persons involved in alternative service and compulsory military service is confidential, the Committee nevertheless points out the need to determine whether in Kyrgyzstan, the alternative service is only performed as a privilege granted to individuals at their request and on limited grounds and therefore could fall outside the scope of the Convention or on the contrary concerns a large number of citizens. In this respect, the Committee requests the Government to indicate the percentage of persons who undertake an alternative service, as compared to the percentage of those performing compulsory military service without providing the exact number of conscripts.

Article 2(2)(c). 1. Work of prisoners for private enterprises. The Committee notes the Government’s indication that according to section 58 of the 2013 Instructions on the procedure and conditions for serving sentences in prison settlements within the Kyrgyz penitentiary system, convicted persons in prison settlements can be hired by a private entity only upon their written consent. The Committee reiterates its previous comments indicating that apart from the prison settlements (“kolonii-poseleniya”), convicted persons in corrective settlements (“ispravitelnye-kolonii”) and prisons (“tyurmy”) may also perform compulsory work at enterprises of correctional institutions, state organizations, and organizations of other forms of ownership (sections 73 and 103 of the Criminal Executive Code of 2017). The Committee therefore requests once again the Government to indicate whether convicted persons in corrective settlements (“ispravitelnye-kolonii”) and prisons (“tyurmy”) who work for a private entity only do so with their formal, free and informed consent.

2. Sentences of public work. The Committee observes that sections 60(1)(a) and 61 of the Criminal Code of 2021 provide, among the penal sanctions that can be imposed by courts, the penalty of public work, which consists of an obligation to perform unpaid work for the benefit of society during a period from 40 to 300 hours. The types of public work shall be determined by local authorities together with the probation authorities. The Committee further observes that according to section 30 of the Code of Administrative Offenses of 2021, public works may be appointed by courts for a period from 8 to 40 hours. The Committee requests the Government to indicate the nature of institutions for which offenders may perform public work, and to provide examples of the types of public work that may be required under the Criminal Code and the Code of Administrative Offenses.

3. Sentences of restriction of freedom. The Committee observes that, pursuant to sections 60(1)(b) and 62 of the Criminal Code of 2021, courts can impose on offenders a penal sanction of restriction of freedom for a period from six months to three years. The Committee further observes that the penalty of restriction of freedom may include an obligation to enter work or study within the determined period (section 62(3)(4) of the Criminal Code). According to section 63(4) of the Criminal Executive Code of 2017, the work performed by convicted persons sentenced to restriction of freedom shall be regulated by labour legislation, except for the rules of hiring, dismissal from work, and transfer to another job. The Committee requests the Government to indicate if the courts have handed down sentences of restriction of freedom involving the duty to “enter work”. If this is the case, please provide information on the number of these sentences since the Code has been in effect and modalities of execution of this penalty, including the nature of the institutions for which offenders sentenced to restriction of liberty may perform work and examples of such work.

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

Previous comment

The Committee notes that the first report of the Government on the application of the Protocol of 2014 to the Forced Labour Convention, 1930, has not been received. The Committee requests the Government to provide the first report on the Protocol of 2014 along with its next report on the Convention due in 2025.

The Committee notes the observations of the Kyrgyzstan Federation of Trade Unions (FPK), received on 1 November 2022.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Implementation and assessment of the action plan. The Committee notes the Government’s information on the adoption of the Programme to Combat Trafficking in Persons for 2022–25 and its Action Plan by Cabinet of Ministers’ Resolution No. 227 of 2022. The Government also indicates that through Cabinet of Ministers’ Decree No. 252 of 2021, the Ministry of Labour, Social Security and Migration has been designated as the State executive body responsible for the development and implementation of the national policy in the field of trafficking in persons. Coordination councils have also been established in the regions to serve as an effective mechanism for interdepartmental cooperation between State bodies and civil society to combat trafficking in persons at the local level. The Committee notes that both the Government and the FPK recognize that despite these measures Kyrgyzstan remains a country of origin and transit for trafficking in persons for the purposes of sexual and labour exploitation and, to a lesser extent, a country of destination.

The Committee requests the Government to pursue its efforts to prevent and combat trafficking in persons, through the effective implementation of the Programme to Combat Trafficking in Persons for 2022–25 and its Action Plan. The Committee also requests the Government to provide information on the measures taken in this regard, as well as on the results of any monitoring and evaluation of the implementation of the Programme and its Action Plan, and the action taken as a follow-up.

2. Identification and protection of victims. The Committee notes the Government’s indication concerning the lack of effective measures to ensure early identification of victims of trafficking, including among vulnerable groups of women. The Committee also observes that the Programme for 2022–25 aims at developing the professional capacity of relevant bodies to identify victims of trafficking and ensuring effective collaboration of departmental agencies in the identification and referral of victims of trafficking (section 6 of the Programme). Section 4 of the Action Plan for 2022–25 contains various measures to improve protection and social assistance services provided to victims of trafficking, including the establishment of a shelter.

The Committee requests the Government to intensify its efforts with regard to the identification of victims of trafficking for purposes of both sexual and labour exploitation, and to ensure that appropriate protection and assistance is provided to such victims. It further requests the Government to provide information on the number of victims who have been identified and on the nature of the assistance and protection granted. The Committee also requests the Government to indicate the information provided to victims relating to safe migration and fair recruitment.

3. Law enforcement. The Committee notes that according to the Government and the FPK, effective measures are needed to address the lack of effectiveness of prosecutions and the root causes of corruption among law enforcement bodies with a view to combating trafficking in persons. The Committee further observes that the Government’s report does not provide information on investigations, prosecutions or convictions handed down for cases of trafficking. The Committee requests the Government to take the necessary measures to ensure that all cases of trafficking in persons are adequately identified and subject to thorough investigations, so as to facilitate the prosecution and imposition of effective and dissuasive penalties on perpetrators, including complicit officials. The Committee requests the Government to provide information in this regard, as well as on the number of investigations, prosecutions, convictions and specific penalties applied under section 166 of the Criminal Code of 2021, which criminalizes trafficking in persons.

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

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legal and institutional framework, and law enforcement. The Committee previously noted that a National Action Plan to combat trafficking in persons for 2017–2020 had been drawn up and submitted to the Government for approval. The Committee also noted the Government’s indication that more than 1.1 million Kyrgyz nationals who were residing in foreign countries as labour migrants were potential victims of trafficking. In this regard, the Government had developed strong cooperation with the Commonwealth of Independent States (CIS), including the implementation of comprehensive joint, coordinated, inter-agency preventive and investigative measures and special operations to combat trafficking in persons. The Committee further noted that a number of resource books on trafficking in persons had been prepared for law enforcement agencies and distributed to the territorial subdivisions.

The Committee notes the Government’s indication in its report that the Ministry of Internal Affairs continually works to strengthen cooperation with the law enforcement agencies of foreign states to ensure identification and suppression of channels for trafficking in persons and to exchange information. The Committee notes training on combating trafficking in persons provided for law enforcement and customs officers, issuing of manuals for healthcare and educational professionals, and awareness-raising activities pursuant to the National Action Plan to combat trafficking in persons for 2017–2020. The Committee also notes the establishment of the coordination councils for preventing and combating trafficking in persons in all regions of Kyrgyzstan. The Government further indicates that in 2018, under section 124 criminalizing trafficking in persons of the Penal Code of 1997 17 cases were recorded, nine of which were prosecuted, whereas there were four cases of prosecution in 2017 and eight cases of prosecution in 2016. The Committee further notes that the new Penal Code entered into force on 1 January 2019 and that section 171 prohibits trafficking in persons. The Committee requests the Government to continue to take the necessary measures to prevent, repress and combat trafficking in persons. It also requests the Government to supply statistical data on the application of section 171 of the Penal Code of 2019 in practice, including the number of infringements reported, investigations, prosecutions, convictions and penal sanctions.

2. Protection of victims. The Committee previously noted the Government’s indication that the Ministry of Internal Affairs had drawn up a draft list of criteria for identifying victims of trafficking with a view to introducing clearer official criteria for use in their formal classification. The Government also stated that the criminal investigation directorate of the Ministry of Internal Affairs had started to develop guidance on a national referral scheme for victims of trafficking. Informational and educational work had been conducted to assist victims of trafficking, in cooperation with international and non-governmental organizations, including the setup of a free telephone hotline. The Committee also noted that the Ministry of Internal Affairs, in cooperation with the International Organization for Migration (IOM) in Bishkek and a partner network of non-governmental organizations, had provided assistance to victims of trafficking, including medical, legal, psychological and reintegration support.

The Committee observes that pursuant to the National Action Plan to combat trafficking in persons for 2017–2020, the Government adopted Decree No. 493 of 19 September 2019 on a national referral mechanism for victims of trafficking. In particular, the national referral mechanism has established the criteria for the identification of victims as well as the instructions on social rehabilitation provided to victims of trafficking in persons (the instructions). The Committee notes that according to the instructions, a competent authority prepares an individual programme for a victim, which determines, inter alia, the types of assistance to be provided. Such assistance can include legal, medical and psychological services, provision of a shelter, vocational training, and support in employment. The Committee further observes the adoption of the regulations on the organization of shelters and the procedure for their operation, management, financing and monitoring for victims of trafficking in persons (Government Decree No. 101 of 5 March 2019). The regulations provide for the establishment of shelters, conditions for stay, and types of assistance to victims of trafficking. The Committee requests the Government to continue its efforts with regard to the identification of victims of trafficking in persons for purposes of both sexual and labour exploitation, and to ensure that appropriate protection and assistance is provided to such victims. It further requests the Government to supply information on the measures taken and results achieved in this regard, including the number of victims who have been identified and have benefited from such protection.

Article 2(2)(a). Compulsory military service. Alternative service. The Committee previously noted that according to the Act on universal compulsory national service for Kyrgyz citizens: military and alternative service of 9 February, 2009 (the Act of 2009), alternative service may be performed by citizens of Kyrgyzstan instead of military service on grounds of their religious beliefs or family status. The Committee underlined that, under Article 2(2)(a) of the Convention, compulsory military service is excluded from the application of the Convention only where conscripts are assigned to work of a purely military character. There are, however, specific circumstances in which a non-military activity performed within the framework of compulsory military service or as an alternative to such service remain outside the scope of the Convention. In this regard, in the 2012 General Survey on the fundamental Conventions, paragraph 275, the Committee recalled that, the exemption of conscientious objectors from compulsory military service, coupled with an obligation to perform an alternative service, is a privilege granted to individuals on request, in acknowledgement of freedom of conscience. In examining whether it is a privilege granted to individuals on their request or whether, on the contrary, national service is being used as a means of pursuing economic and social development through the use of compulsory labour, due account should be taken of the number of persons concerned and the conditions in which they make their choice.

The Committee notes the Government’s indication that section 32 of the Act of 2009 sets out a limited list of the grounds for performance of alternative service instead of military service. In particular, such grounds relate to religious beliefs or family status. In addition, according to sections 16 (2) and 32 of the Act of 2009, conscripts who have not been despatched to a military unit due to meeting a conscription quota have a right to perform alternative service upon their written request. Otherwise, such conscripts will be called up for military service in the next conscription. In accordance with section 1 of the Act of 2009, a conscript performs socially useful work considered as an alternative service in his free time from work or study. The types of socially useful work performed by conscripts are determined by the executive bodies of local self-government in agreement with the local military administration. The number of hours for the performance of social useful work is 108, whereas the duration of the alternative service is 18 months (section 32(2)(4) of the Act of 2009). The Committee requests the Government to provide information on the number of persons involved in alternative service, as compared to the number of those performing their mandatory military service.

Article 2(2)(c). Prison labour. The Committee previously noted that according to section 27 of the Internal Rules for Prisons, approved by Order No. 604 of 23 September 2011, prisoners may be assigned to work outside the settlement grounds, but within its general vicinity. The Committee also noted that the provisions governing the relationship between the prison administration, prisoner and employer with regard to the employment of prisoners serving sentences in prison settlements are set out in the Instructions on the procedure and conditions for serving sentences in prison settlements within the Kyrgyz penitentiary system, approved by Government Decree No. 154 of 27 March 2013. The Committee recalled that Article 2(2)(c) of the Convention strictly prohibits prisoners from being hired to, or placed at, the disposal of private enterprises. The work of prisoners for private companies is only compatible with the Convention where the necessary safeguards exist to ensure that the prisoners concerned offer themselves voluntarily, without being subjected to pressure or to the menace of any penalty, by giving their formal, free and informed consent to work for private enterprises.

The Committee observes that the Criminal Executive Code of 2019 and the Rules of the internal order of correctional institutions of the penal system of the Kyrgyz Republic, approved by Government Decree No. 379 of 22 August 2018, govern the use of the labour of convicted persons in correctional institutions. The Committee notes the Government’s information that according to section 103 of the Criminal Executive Code, all convicted persons are obliged to work in the locations and jobs determined by the prison administration. In particular, convicted persons perform work at enterprises of correctional institutions, state organizations, and organizations of other forms of ownership located inside or outside correctional institutions. The Committee observes that as per section 183 of the Rules, convicted persons perform paid work under an employment contract. In addition, the written consent of a convicted person is required to do maintenance work in correctional institutions (section 186 of the Rules). With respect to prison settlements, the Committee notes that according to section 58 of the Instructions on the procedure and conditions for serving sentences in prison settlements within the Kyrgyz penitentiary system of 2013, a convicted person can be hired by a private entity only upon his/her written consent. The Committee observes that apart from prison settlements, convicted persons may also perform compulsory work in other correctional institutions, particularly corrective settlements and prisons (section 73 of the Criminal Executive Code). The Committee requests the Government to indicate whether convicted persons who work inside or outside corrective settlements and prisons for a private entity do so with their formal, free and informed consent.

Article 2(2)(d). Legislation concerning cases of emergency. In its previous comments, the Committee noted that article 23(3) of the Constitution of 2010 provides that forced labour is prohibited except for cases of war, natural disasters and other emergencies. Article 15 provides that a state of emergency or martial law in the Kyrgyz Republic may be imposed only in the cases and following the procedures established by the Constitution and constitutional laws. In this regard, the Committee noted that article 64(9)(2) of the Constitution specifies that the President shall give a warning, on grounds specified by constitutional law, of the possibility of introducing a state of emergency and, where necessary, shall introduce a state of emergency in individual localities without prior declaration, providing prompt notification to the Parliament. Article 74(5)(1) specifies that Parliament may declare an emergency in cases and in accordance with the procedure envisaged in the constitutional laws and may approve or repeal presidential decrees on this matter.

The Committee notes the Government’s indication that as per section 10 of the Labour Code, forced labour is prohibited except for cases of emergencies such as the introduction of a state of emergency or martial law, a calamity or threated calamity (fire, flood, famine, earthquake, serious epidemics or epizootic outbreaks), and other situations that would endanger the existence or the normal living conditions of the whole or part of the population. The Committee observes that according to section 3 of the Constitutional Law of 24 October, 1998, No. 135 on the State of Emergency, the state of emergency is introduced in the event of a crisis situation of biological, social or natural/man-caused nature, which pose an immediate threat to the constitutional order, the vital interests of the individual or society, or the normal operation of state and local bodies. Section 7 of the Constitutional Law of 1998 sets out that the Parliament’s or the President’s Decree on the introduction of a state of emergency must indicate, among others, the exact duration of the state of emergency, as well as an exhaustive list of temporary restrictions on the rights and freedoms of citizens and additional obligations. In accordance with section 22(11) of the Constitutional Law of 1998, depending on the specific circumstances, the public authorities may call upon able-bodied citizens to work in enterprises, establishments and organizations, as well as to eliminate the consequences of emergencies. In addition, during the state of emergency, the heads of enterprises, establishments and organizations have the right, if necessary, to transfer employees without their consent to other duties, not specified in the employment contract for a period of up to one month (section 24).

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legal and institutional framework, and law enforcement. In its earlier comments, the Committee noted the adoption of Act No. 55 of 17 March 2005 on Preventing and Combating Trafficking in Human Beings, as well as section 124 of the Penal Code on trafficking in persons. It also noted the development of a National Action Plan against Human Trafficking for 2012–15.

The Committee notes the Government’s indication in its report that Law No. 218 of 2011, amending Act No. 55 on Preventing and Combating Trafficking in Human Beings (Anti-Trafficking Act) has introduced a new definition of “trafficking in persons” which provides for criminal liability for the exploitation of minors, regardless of whether such acts are committed using threats, physical violence or deception, or whether any form of coercion is used. The Committee also notes that additions have been made to the definition section of the Anti-Trafficking Act, including “Criteria for identifying victims of trafficking” and “National referral scheme for victims of trafficking”. The Bill was approved by Government Decision No. 240 of 27 April 2017 and has passed its first reading in Parliament. Moreover, a new National Action Plan to combat trafficking in persons has been drawn up for 2017–20 and submitted to the Government for approval.

The Government further indicates that more than 1.1 million Kyrgyz nationals are currently residing in foreign countries as labour migrants and are potential victims of trafficking. In this regard, it has developed strong cooperation with the Commonwealth of Independent States (CIS), including the implementation of comprehensive joint, coordinated, inter-agency preventive and investigative measures and special operations to combat trafficking in persons. A department for combating trafficking in persons and crimes against public morality has also been established under the criminal investigation directorate of the Ministry of Internal Affairs (Decree No. 959 of 28 November 2014).

Furthermore, the Government indicates that a number of resource books have been prepared for law enforcement agencies and distributed to the territorial subdivisions, including: “Practical guidance for identifying victims of human trafficking in the Kyrgyz Republic”; and “Resource book for use by law enforcement officials in combating trafficking in persons”. The Committee requests the Government to provide information on the measures taken within the framework of the 2017–20 National Action Plan to combat trafficking in persons and the results achieved. It also requests the Government to provide information on the application in practice of Act No. 55 on Preventing and Combating Trafficking in Human Beings, including the number of prosecutions, convictions and penalties applied in relation to trafficking in persons. Please indicate the measures taken to strengthen the capacity of law enforcement authorities, including the labour inspectorate, so as to ensure that victims are identified and that effective sanctions are applied against perpetrators.

2. Protection of victims. The Committee notes the Government’s indication that the Ministry of Internal Affairs has drawn up a draft list of criteria for identifying victims of trafficking with a view to introducing clearer official criteria for use in their formal classification. The identification process has also been designed to protect victims’ rights and interests and to ensure that they receive social assistance and protection as provided for in the Anti-Trafficking Act. The Government also states that the criminal investigation directorate of the Ministry of Internal Affairs has started to develop guidance on a national referral scheme for victims of trafficking. Moreover, pre-migration training is provided on a constant basis to migrant workers travelling to the Russian Federation, the Republic of Korea, Turkey, the United Arab Emirates and Kazakhstan. Informational and educational work has been conducted to assist victims of trafficking, in cooperation with international and non-governmental organizations, including the setup of a free telephone hotline. The hotline, provides comprehensive information on migration issues, including the smuggling and trafficking of persons. During the reporting period, a total of 1,861 calls have been received. The Committee also notes that according to the Government, the Ministry of Internal Affairs, in cooperation with the International Organization for Migration (IOM) in Bishkek and a partner network of non-governmental organizations, have provided assistance to victims of trafficking, including medical, legal, psychological and reintegration support. The Committee requests the Government to continue to provide information on the measures taken to ensure better identification of victims of trafficking. It also requests the Government to provide information on the number of victims who have benefited from the abovementioned assistance.

Article 2(2)(a) of the Convention. Compulsory military service. Alternative service. The Committee previously noted that under article 23(3) of the 2010 Constitution, forced labour is prohibited, but that enlistment to military or alternative (civilian) services shall not be considered forced labour. The Committee observed that this exception is wider than those contained in the Convention, as Article 2(2)(a) of the Convention only excludes, from the prohibition of forced labour, service exacted by virtue of compulsory military service laws if such service is of a purely military character.

The Committee notes the Government’s indication that according to the “Act on Universal Compulsory National Service for Kyrgyz Citizens: Military and Alternative Service” (9 February 2009), alternative service may be performed by citizens of Kyrgyzstan instead of military service on grounds of their religious beliefs, family status, criminal record or state of health. Moreover, the Regulations governing the procedure for undertaking alternative service, approved by Government Decision No. 306 of 18 May 2009, contain no provisions relating to forced labour. The Committee underlines that, under Article 2(2)(a) of the Convention, compulsory military service is excluded from the application of the Convention only where conscripts are assigned to work of a purely military character. There are however, specific circumstances in which a non-military activity performed within the framework of compulsory military service or as an alternative to such service remains outside the scope of the Convention. In this regard, the Committee recalls that, the exemption of conscientious objectors from compulsory military service, coupled with an obligation to perform an alternative service, is a privilege granted to individuals on request, in acknowledgement of freedom of conscience. In examining whether it is a privilege granted to individuals on their request or whether, on the contrary, national service is being used as a means of pursuing economic and social development through the use of compulsory labour, due account should be taken of the number of persons concerned and the conditions in which they make their choice (see the 2012 General Survey of on the fundamental Conventions, paragraph 275). In this regard, the Committee requests the Government to provide information on the conditions under which alternative service is granted and performed, including the duration of the service, the tasks to be performed, as well as whether the alternative service is limited to conscientious objectors. It also requests the Government to supply a copy of the 2009 Act on Universal Compulsory National Service for Kyrgyz Citizens: Military and Alternative Service, as well as the Regulations on alternative service.

Article 2(2)(c). Prison labour. In its previous comments, the Committee noted the Government’s statement that the use of the labour of convicted persons is governed by the Code of Criminal Procedure, and the Internal Rules for Prisons, approved by Order No. 604 of 23 September 2011. The Committee noted that according to section 28 of the Internal Rules for Prisons prisoners can only perform work inside the prison. Under section 26, prisoners may also apply to perform specific types of work relating to the maintenance and operation of the prison, and that, if selected for such work, they must provide their consent in writing. The Committee further observed that section 27 relates to work performed in penal settlements, whereby work may be performed for other institutions, organizations and ministries within the local region. According to section 27(3) specific regulations concerning the execution of work by prisoners in penal settlements shall be issued by government decree.

The Committee notes the Government’s indication that, according to section 27 of the Internal Rules for Prisons, prisoners may be assigned to work outside the settlement grounds, but within its general vicinity. The types of institutions within the Kyrgyz penitentiary system at which prisoners may work are: corrective settlements; prison settlements; prisons and remand centres. Remand centres can serve as correctional institutions for prisoners assigned to janitorial duties. The Government also indicates that the provisions governing the relationship between the prison administration, prisoner and employer with regard to the employment of prisoners serving sentences in prison settlements are set out in the “Instructions on the procedure and conditions for serving sentences in prison settlements within the Kyrgyz penitentiary system”, approved by Government Decree No. 154 of 27 March 2013. The Committee recalls that Article 2(2)(c) of the Convention strictly prohibits that prisoners are hired to, or placed at, the disposal of private enterprises. The work of prisoners for private companies is only compatible with the Convention where the necessary safeguards exist to ensure that the prisoners concerned offer themselves voluntarily, without being subjected to pressure or to the menace of any penalty, by giving their formal, free and informed consent to work for private enterprises. In such a situation, work of prisoners for private parties would not be in violation of the Convention, since no compulsion is involved. Moreover, the Committee has considered that, in the prison context, the most reliable indicator of the voluntariness of labour is that the work is performed under conditions which approximate a free labour relationship, including wages, social security and occupational safety and health. The Committee requests the Government to indicate whether prisoners who work in prison settlements for private undertakings do so with their formal, free and informed consent. In this regard, it requests the Government to provide a copy of the Instructions on the procedure and conditions for serving sentences in prison settlements within the Kyrgyz penitentiary system.

Article 2(2)(d). Legislation concerning cases of emergency. In its previous comments, the Committee noted that article 23(3) of the Constitution (2010) provides that forced labour is prohibited except for cases of war, natural disasters and other emergencies. Article 15 provides that a state of emergency or martial law in the Kyrgyz Republic may be imposed only in the cases and following the procedures established by the Constitution and constitutional laws. In this regard, the Committee noted that article 64(9)(2) of the Constitution specifies that the President shall give a warning, on grounds specified by constitutional law, of the possibility of introducing a state of emergency and, where necessary, shall introduce a state of emergency in individual localities without prior declaration, providing prompt notification to the Parliament. Article 74(5)(1) specifies that Parliament may declare an emergency in cases and in accordance with the procedure envisaged in the constitutional laws and may approve or repeal presidential decrees on this matter. The Committee requested the Government to indicate the guarantees provided in the legislation to ensure that power to call up labour in cases of emergency is limited to what is strictly required by the exigencies of the situation.

The Committee notes an absence of information on this point in the Government’s report. The Committee once again requests the Government to indicate whether any special legislation concerning cases of emergency has been adopted or is to be adopted under these provisions. It also requests the Government to provide information on whether any guarantees are provided to ensure that the power to call up labour in cases of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in cases of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

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

Articles 1(1) and 2(1) of the Convention. Trafficking in persons. The Committee notes the information from ILO–IPEC that the Ministry of Foreign Affairs is developing a National Action Plan against Human Trafficking for 2012 15. The Committee also notes the implementation in Kyrgyzstan of the Joint Programme to Combat Human Trafficking in Central Asia by the ILO, the UNDP and the UNODC under the United Nations Global Initiative to Fight Human Trafficking. The Committee further notes the information from the report of the UN Special Rapporteur on violence against women, its causes and consequences, of 28 May 2010, that trafficking of women and children for sexual exploitation and forced labour continues to be a problem in the country (A/HRC/14/22/Add.2, paragraph 33). The Committee requests the Government to strengthen its efforts, including within the frame of the National Action Plan against Human Trafficking, to prevent, suppress and combat human trafficking. It requests the Government to provide information on the concrete measures taken in this regard, in its next report.

Freedom of career military personnel to leave their service. The Committee previously noted that under section 18 of the Act on the status of military personnel and section 64 of the Act on the general military duties of citizens, military officers can leave the service at their own request for family reasons or other important reasons, after they have completed ten years of service. The Committee recalled that career members of the armed forces cannot be denied the right to leave the service in peacetime, either at certain reasonable intervals or by means of notice of reasonable length, and requested the Government to indicate the measures taken in this regard.

The Committee notes the Government’s statement that the Act on the general military duties of citizens was repealed by the Law on the general military service obligation of citizens, and on military and alternative service, of 9 February 2009. In this regard, the Committee notes that section 31 of this 2009 Law provides the terms under which a person may leave the military service, including upon the expiration of their military service contract. Section 26 of the Law specifies that a contract for military service is initially three years, and may be renewed every three years up to the age limit for military service. Finally, the Committee notes that section 31(3) states that military personnel performing services under contract have the right to early discharge in several situations, such as various family reasons and medical reasons.

Alternative service. The Committee notes that a new Constitution was promulgated on 27 June 2010. Article 23(3) of the Constitution states that forced labour is prohibited, but that enlistment to military or alternative (civilian) services shall not be considered forced labour. The Committee observes that this exception is wider than those contained in the Convention, as Article 2(2)(a) of the Convention only excludes, from the prohibition of forced labour, service exacted by virtue of compulsory military service laws if such service is of a purely military character. While conscription into the military for work of a purely military nature is in conformity with the Convention, mandatory service in alternative (civilian) services is not permitted under the Convention. The Committee therefore requests the Government to take the necessary measures to amend article 23(3) of the Constitution to bring the definition of forced labour in this article into conformity with the Convention, by only allowing an exception for compulsory military service of a purely military character.

Article 2(2)(c). Prison labour. The Committee previously noted that, pursuant to section 56 of the Correctional Labour Code, all convicts must work, and such work shall be performed, as a general rule, at enterprises belonging to the executive penal system, but in some cases at enterprises of other ministries and departments. It requested the rules governing the work of prisoners.

The Committee notes the Government’s statement that the Correctional Labour Code is no longer in effect, pursuant to Law No. 143 of 13 December 1999. The Government states that the use of the labour of convicted persons is governed by the Code of Criminal Procedure, and the Internal Rules for Prisons, approved by Order No. 604 of 23 September 2011. The Committee notes that section 28 of the Internal Rules for Prisons states that prisoners can only perform work inside the prison. Section 26 also provides that prisoners may apply to perform specific types of work relating to the maintenance and operation of the prison, and that, if selected for such work, they must provide their consent in writing. Section 27 of the Internal Rules for Prisons relates to work performed in penal settlements, whereby work may be performed for other institutions, organizations and ministries within the local region. Section 27(3) indicates that specific regulations concerning the execution of work by prisoners in penal settlements shall be issued by government decree. The Committee requests the Government to provide information concerning the types of institutions and organizations that prisoners in penal settlements may work for, pursuant to section 27 of the Internal Rules for Prisons. It also requests the Government to provide a copy of any regulation adopted pursuant to section 27(3) with its next report.

Article 2(2)(d). Legislation concerning cases of emergency. Following its previous comments, the Committee notes that article 23(3) of the Constitution (promulgated in 2010) states that forced labour is prohibited except for cases of war, natural disasters and other emergencies. Article 15 states that a state of emergency or martial law in the Kyrgyz Republic may be imposed only in the cases and following the procedures established by the Constitution and constitutional laws. In this regard, the Committee notes that article 64(9)(2) of the Constitution specifies that the President shall give a warning, on grounds specified by constitutional law, of the possibility of introducing a state of emergency and, where necessary, shall introduce a state of emergency in individual localities without prior declaration, providing prompt notification to the Parliament. Article 74(5)(1) specifies that Parliament may declare an emergency in cases and in accordance with procedure envisaged in the constitutional laws and may approve or repeal presidential decrees on this matter.

With reference to paragraph 280 of its General Survey of 2012 on the fundamental Conventions concerning rights at work, the Committee recalls that recourse to compulsory labour under emergency powers should apply only in restricted circumstances where a calamity or threatened calamity occurs, and the legislation governing that issue should clearly set forth that the power to exact compulsory labour is limited in extent and duration to what is strictly required to cope with the said circumstances. The Committee requests the Government to indicate whether any special legislation concerning cases of emergency has been adopted or is to be adopted under these provisions. It also requests the Government to provide information in its next report on whether any guarantees are provided to ensure that the power to call up labour in cases of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in cases of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

Article 25. Penal sanctions for the exaction of forced or compulsory labour. Trafficking in persons. The Committee previously noted the adoption of Act No. 55 of 17 March 2005 on preventing and combating trafficking in human beings. It requested information on its application in practice, as well as on section 124 of the Penal Code (on trafficking in persons).

The Committee notes the information in the Government’s report that, according to the Ministry of Internal Affairs, nine offences were recorded under section 124 of the Penal Code in 2011. The Committee requests the Government to continue to provide information on the application in practice of section 124 of the Penal Code, as well as Act No. 55 of 2005, particularly the number of offences, investigations and prosecutions. In addition, recalling that Article 25 of the Convention provides that the illegal exaction of forced or compulsory labour shall be punishable by penalties that are really adequate and strictly enforced, the Committee requests the Government to provide information on the specific penalties imposed on persons convicted under these legislative provisions. In this regard, the Committee requests the Government to provide information on the measures taken to strengthen the capacity of law enforcement bodies, including through the provision of relevant training.

Penal Code. The Committee previously requested information on the application of section 125 (on illegal deprivation of a person’s freedom) and section 143 (on gross violation of the labour legislation) of the Penal Code. The Committee notes the Government’s statement that, according to the Ministry of Internal Affairs, 24 offences were recorded under section 125 of the Penal Code, and three offences were recorded under section 143. The Committee requests the Government to indicate if these offences related to the illegal exaction of forced or compulsory labour and, if so, to provide information on the number of prosecutions, convictions and specific penalties applied in this regard.

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

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

Repetition

Articles 1(1) and 2(1) of the Convention. Trafficking in persons. The Committee notes the information from ILO–IPEC that the Ministry of Foreign Affairs is developing a National Action Plan against Human Trafficking for 2012 15. The Committee also notes the implementation in Kyrgyzstan of the Joint Programme to Combat Human Trafficking in Central Asia by the ILO, the UNDP and the UNODC under the United Nations Global Initiative to Fight Human Trafficking. The Committee further notes the information from the report of the UN Special Rapporteur on violence against women, its causes and consequences, of 28 May 2010, that trafficking of women and children for sexual exploitation and forced labour continues to be a problem in the country (A/HRC/14/22/Add.2, paragraph 33). The Committee requests the Government to strengthen its efforts, including within the frame of the National Action Plan against Human Trafficking, to prevent, suppress and combat human trafficking. It requests the Government to provide information on the concrete measures taken in this regard, in its next report.

Freedom of career military personnel to leave their service. The Committee previously noted that under section 18 of the Act on the status of military personnel and section 64 of the Act on the general military duties of citizens, military officers can leave the service at their own request for family reasons or other important reasons, after they have completed ten years of service. The Committee recalled that career members of the armed forces cannot be denied the right to leave the service in peacetime, either at certain reasonable intervals or by means of notice of reasonable length, and requested the Government to indicate the measures taken in this regard.

The Committee notes the Government’s statement that the Act on the general military duties of citizens was repealed by the Law on the general military service obligation of citizens, and on military and alternative service, of 9 February 2009. In this regard, the Committee notes that section 31 of this 2009 Law provides the terms under which a person may leave the military service, including upon the expiration of their military service contract. Section 26 of the Law specifies that a contract for military service is initially three years, and may be renewed every three years up to the age limit for military service. Finally, the Committee notes that section 31(3) states that military personnel performing services under contract have the right to early discharge in several situations, such as various family reasons and medical reasons.

Alternative service. The Committee notes that a new Constitution was promulgated on 27 June 2010. Article 23(3) of the Constitution states that forced labour is prohibited, but that enlistment to military or alternative (civilian) services shall not be considered forced labour. The Committee observes that this exception is wider than those contained in the Convention, as Article 2(2)(a) of the Convention only excludes, from the prohibition of forced labour, service exacted by virtue of compulsory military service laws if such service is of a purely military character. While conscription into the military for work of a purely military nature is in conformity with the Convention, mandatory service in alternative (civilian) services is not permitted under the Convention. The Committee therefore requests the Government to take the necessary measures to amend article 23(3) of the Constitution to bring the definition of forced labour in this article into conformity with the Convention, by only allowing an exception for compulsory military service of a purely military character.

Article 2(2)(c). Prison labour. The Committee previously noted that, pursuant to section 56 of the Correctional Labour Code, all convicts must work, and such work shall be performed, as a general rule, at enterprises belonging to the executive penal system, but in some cases at enterprises of other ministries and departments. It requested the rules governing the work of prisoners.

The Committee notes the Government’s statement that the Correctional Labour Code is no longer in effect, pursuant to Law No. 143 of 13 December 1999. The Government states that the use of the labour of convicted persons is governed by the Code of Criminal Procedure, and the Internal Rules for Prisons, approved by Order No. 604 of 23 September 2011. The Committee notes that section 28 of the Internal Rules for Prisons states that prisoners can only perform work inside the prison. Section 26 also provides that prisoners may apply to perform specific types of work relating to the maintenance and operation of the prison, and that, if selected for such work, they must provide their consent in writing. Section 27 of the Internal Rules for Prisons relates to work performed in penal settlements, whereby work may be performed for other institutions, organizations and ministries within the local region. Section 27(3) indicates that specific regulations concerning the execution of work by prisoners in penal settlements shall be issued by government decree. The Committee requests the Government to provide information concerning the types of institutions and organizations that prisoners in penal settlements may work for, pursuant to section 27 of the Internal Rules for Prisons. It also requests the Government to provide a copy of any regulation adopted pursuant to section 27(3) with its next report.

Article 2(2)(d). Legislation concerning cases of emergency. Following its previous comments, the Committee notes that article 23(3) of the Constitution (promulgated in 2010) states that forced labour is prohibited except for cases of war, natural disasters and other emergencies. Article 15 states that a state of emergency or martial law in the Kyrgyz Republic may be imposed only in the cases and following the procedures established by the Constitution and constitutional laws. In this regard, the Committee notes that article 64(9)(2) of the Constitution specifies that the President shall give a warning, on grounds specified by constitutional law, of the possibility of introducing a state of emergency and, where necessary, shall introduce a state of emergency in individual localities without prior declaration, providing prompt notification to the Parliament. Article 74(5)(1) specifies that Parliament may declare an emergency in cases and in accordance with procedure envisaged in the constitutional laws and may approve or repeal presidential decrees on this matter.

With reference to paragraph 280 of its General Survey of 2012 on the fundamental Conventions concerning rights at work, the Committee recalls that recourse to compulsory labour under emergency powers should apply only in restricted circumstances where a calamity or threatened calamity occurs, and the legislation governing that issue should clearly set forth that the power to exact compulsory labour is limited in extent and duration to what is strictly required to cope with the said circumstances. The Committee requests the Government to indicate whether any special legislation concerning cases of emergency has been adopted or is to be adopted under these provisions. It also requests the Government to provide information in its next report on whether any guarantees are provided to ensure that the power to call up labour in cases of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in cases of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

Article 25. Penal sanctions for the exaction of forced or compulsory labour. Trafficking in persons. The Committee previously noted the adoption of Act No. 55 of 17 March 2005 on preventing and combating trafficking in human beings. It requested information on its application in practice, as well as on section 124 of the Penal Code (on trafficking in persons).

The Committee notes the information in the Government’s report that, according to the Ministry of Internal Affairs, nine offences were recorded under section 124 of the Penal Code in 2011. The Committee requests the Government to continue to provide information on the application in practice of section 124 of the Penal Code, as well as Act No. 55 of 2005, particularly the number of offences, investigations and prosecutions. In addition, recalling that Article 25 of the Convention provides that the illegal exaction of forced or compulsory labour shall be punishable by penalties that are really adequate and strictly enforced, the Committee requests the Government to provide information on the specific penalties imposed on persons convicted under these legislative provisions. In this regard, the Committee requests the Government to provide information on the measures taken to strengthen the capacity of law enforcement bodies, including through the provision of relevant training.

Penal Code. The Committee previously requested information on the application of section 125 (on illegal deprivation of a person’s freedom) and section 143 (on gross violation of the labour legislation) of the Penal Code. The Committee notes the Government’s statement that, according to the Ministry of Internal Affairs, 24 offences were recorded under section 125 of the Penal Code, and three offences were recorded under section 143. The Committee requests the Government to indicate if these offences related to the illegal exaction of forced or compulsory labour and, if so, to provide information on the number of prosecutions, convictions and specific penalties applied in this regard.

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

Articles 1(1) and 2(1) of the Convention. 1. Trafficking in persons. The Committee notes the information from ILO–IPEC that the Ministry of Foreign Affairs is developing a National Action Plan against Human Trafficking for 2012–15. The Committee also notes the implementation in Kyrgyzstan of the Joint Programme to Combat Human Trafficking in Central Asia by the ILO, the UNDP and the UNODC under the United Nations Global Initiative to Fight Human Trafficking. The Committee further notes the information from the report of the UN Special Rapporteur on violence against women, its causes and consequences, of 28 May 2010, that trafficking of women and children for sexual exploitation and forced labour continues to be a problem in the country (A/HRC/14/22/Add.2, paragraph 33). The Committee requests the Government to strengthen its efforts, including within the frame of the National Action Plan against Human Trafficking, to prevent, suppress and combat human trafficking. It requests the Government to provide information on the concrete measures taken in this regard, in its next report.

2. Freedom of career military personnel to leave their service. The Committee previously noted that under section 18 of the Act on the status of military personnel and section 64 of the Act on the general military duties of citizens, military officers can leave the service at their own request for family reasons or other important reasons, after they have completed ten years of service. The Committee recalled that career members of the armed forces cannot be denied the right to leave the service in peacetime, either at certain reasonable intervals or by means of notice of reasonable length, and requested the Government to indicate the measures taken in this regard.

The Committee notes the Government’s statement that the Act on the general military duties of citizens was repealed by the Law on the general military service obligation of citizens, and on military and alternative service, of 9 February 2009. In this regard, the Committee notes that section 31 of this 2009 Law provides the terms under which a person may leave the military service, including upon the expiration of their military service contract. Section 26 of the Law specifies that a contract for military service is initially three years, and may be renewed every three years up to the age limit for military service. Finally, the Committee notes that section 31(3) states that military personnel performing services under contract have the right to early discharge in several situations, such as various family reasons and medical reasons.

3. Alternative service. The Committee notes that a new Constitution was promulgated on 27 June 2010. Article 23(3) of the Constitution states that forced labour is prohibited, but that enlistment to military or alternative (civilian) services shall not be considered forced labour. The Committee observes that this exception is wider than those contained in the Convention, as Article 2(2)(a) of the Convention only excludes, from the prohibition of forced labour, service exacted by virtue of compulsory military service laws if such service is of a purely military character. While conscription into the military for work of a purely military nature is in conformity with the Convention, mandatory service in alternative (civilian) services is not permitted under the Convention. The Committee therefore requests the Government to take the necessary measures to amend article 23(3) of the Constitution to bring the definition of forced labour in this article into conformity with the Convention, by only allowing an exception for compulsory military service of a purely military character.

Article 2(2)(c). Prison labour. The Committee previously noted that, pursuant to section 56 of the Correctional Labour Code, all convicts must work, and such work shall be performed, as a general rule, at enterprises belonging to the executive penal system, but in some cases at enterprises of other ministries and departments. It requested the rules governing the work of prisoners.

The Committee notes the Government’s statement that the Correctional Labour Code is no longer in effect, pursuant to Law No. 143 of 13 December 1999. The Government states that the use of the labour of convicted persons is governed by the Code of Criminal Procedure, and the Internal Rules for Prisons, approved by Order No. 604 of 23 September 2011. The Committee notes that section 28 of the Internal Rules for Prisons states that prisoners can only perform work inside the prison. Section 26 also provides that prisoners may apply to perform specific types of work relating to the maintenance and operation of the prison, and that, if selected for such work, they must provide their consent in writing. Section 27 of the Internal Rules for Prisons relates to work performed in penal settlements, whereby work may be performed for other institutions, organizations and ministries within the local region. Section 27(3) indicates that specific regulations concerning the execution of work by prisoners in penal settlements shall be issued by government decree. The Committee requests the Government to provide information concerning the types of institutions and organizations that prisoners in penal settlements may work for, pursuant to section 27 of the Internal Rules for Prisons. It also requests the Government to provide a copy of any regulation adopted pursuant to section 27(3) with its next report.

Article 2(2)(d). Legislation concerning cases of emergency. Following its previous comments, the Committee notes that article 23(3) of the Constitution (promulgated in 2010) states that forced labour is prohibited except for cases of war, natural disasters and other emergencies. Article 15 states that a state of emergency or martial law in the Kyrgyz Republic may be imposed only in the cases and following the procedures established by the Constitution and constitutional laws. In this regard, the Committee notes that article 64(9)(2) of the Constitution specifies that the President shall give a warning, on grounds specified by constitutional law, of the possibility of introducing a state of emergency and, where necessary, shall introduce a state of emergency in individual localities without prior declaration, providing prompt notification to the Parliament. Article 74(5)(1) specifies that Parliament may declare an emergency in cases and in accordance with procedure envisaged in the constitutional laws and may approve or repeal presidential decrees on this matter.

With reference to paragraph 280 of its General Survey of 2012 on the fundamental Conventions concerning rights at work, the Committee recalls that recourse to compulsory labour under emergency powers should apply only in restricted circumstances where a calamity or threatened calamity occurs, and the legislation governing that issue should clearly set forth that the power to exact compulsory labour is limited in extent and duration to what is strictly required to cope with the said circumstances. The Committee requests the Government to indicate whether any special legislation concerning cases of emergency has been adopted or is to be adopted under these provisions. It also requests the Government to provide information in its next report on whether any guarantees are provided to ensure that the power to call up labour in cases of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in cases of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

Article 25. Penal sanctions for the exaction of forced or compulsory labour. 1. Trafficking in persons. The Committee previously noted the adoption of Act No. 55 of 17 March 2005 on preventing and combating trafficking in human beings. It requested information on its application in practice, as well as on section 124 of the Penal Code (on trafficking in persons).

The Committee notes the information in the Government’s report that, according to the Ministry of Internal Affairs, nine offences were recorded under section 124 of the Penal Code in 2011. The Committee requests the Government to continue to provide information on the application in practice of section 124 of the Penal Code, as well as Act No. 55 of 2005, particularly the number of offences, investigations and prosecutions. In addition, recalling that Article 25 of the Convention provides that the illegal exaction of forced or compulsory labour shall be punishable by penalties that are really adequate and strictly enforced, the Committee requests the Government to provide information on the specific penalties imposed on persons convicted under these legislative provisions. In this regard, the Committee requests the Government to provide information on the measures taken to strengthen the capacity of law enforcement bodies, including through the provision of relevant training.

2. Penal Code. The Committee previously requested information on the application of section 125 (on illegal deprivation of a person’s freedom) and section 143 (on gross violation of the labour legislation) of the Penal Code. The Committee notes the Government’s statement that, according to the Ministry of Internal Affairs, 24 offences were recorded under section 125 of the Penal Code, and three offences were recorded under section 143. The Committee requests the Government to indicate if these offences related to the illegal exaction of forced or compulsory labour and, if so, to provide information on the number of prosecutions, convictions and specific penalties applied in this regard.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Repetition

Articles 1(1) and 2(1) of the Convention. Freedom of career military personnel to leave their service. The Committee previously noted that under section 18 of the Act on the Status of Military Personnel and section 64 of the Act on the General Military Duties of Citizens, military officers can leave the service at their own request for family reasons or other important reasons, after they have completed ten years of service. The Committee recalls, referring also to the explanations provided in paragraphs 46 and 96 of its General Survey of 2007 on the eradication of forced labour, that the provisions of the Convention exempting compulsory military service from the definition of forced labour do not apply to career military personnel, and that career members of the armed forces cannot be denied the right to leave the service in peacetime, either at certain reasonable intervals or by means of notice of reasonable length.

The Committee therefore requests the Government to indicate the measures taken to ensure, both in law and in practice, that military officers and other career members of the armed forces can leave the service in peacetime at their own request without indicating any specific reason, or that the reasons they put forward must be accepted by the authorities. Pending the adoption of such measures, please supply information on the application in practice of sections 18 and 64 referred to above, indicating the number of applications to resign accepted or refused, and the reasons for refusal.

Article 2(2)(c). Prison labour. In its earlier comments, the Committee referred to section 56 of the Correctional Labour Code, according to which all convicts must work, and such work shall be performed, as a general rule, at enterprises belonging to the executive penal system, but in some cases at enterprises of other ministries and departments. The Committee again requests the Government to indicate, in its next report, what guarantees are provided to ensure that convicted prisoners are not hired to or placed at the disposal of private individuals, companies or associations. Please also provide copies of rules or regulations governing the work of prisoners, as well as information on their application in practice.

Article 2(2)(d). Legislation concerning cases of emergency. The Committee has noted the provisions of article 10 of the Constitution of the Kyrgyz Republic concerning the declaration of a state of exception in Kyrgyzstan. It requests the Government to indicate, in its next report, what guarantees are provided to ensure that the power to call up labour during the state of exception is limited to what is strictly required by the exigencies of the situation. Please also indicate whether there is an intention to adopt a constitutional law on this subject, to which reference is made in article 10(1) of the Constitution.

Articles 1(1), 2(1) and 25. Trafficking in persons. The Committee has noted the adoption of Act No. 55 of 17 March 2005 on preventing and combating trafficking in human beings. It requests the Government to provide, in its next report, information on the application of this Act in practice, supplying copies of any relevant reports, studies and inquiries and indicating measures taken to prevent, suppress and punish trafficking in persons for the purpose of exploitation. Please also provide information on the application in practice of section 124 of the Penal Code (“Trafficking in Persons”), supplying sample copies of the court decisions and indicating penalties imposed on perpetrators.

Article 25. Penal sanctions for the illegal exaction of forced or compulsory labour. Please provide information on the application in practice of section 125 (“illegal deprivation of a person’s freedom”) and section 143 (“gross violation of the labour legislation”) of the Penal Code, indicating, in particular, whether these sections may be used to punish the illegal exaction of forced or compulsory labour. Please furnish information on any legal proceedings which have been instituted as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed.

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:

Articles 1(1) and 2(1) of the Convention. Freedom of career military personnel to leave their service. The Committee previously noted that under section 18 of the Act on the Status of Military Personnel and section 64 of the Act on the General Military Duties of Citizens, military officers can leave the service at their own request for family reasons or other important reasons, after they have completed ten years of service. The Committee recalls, referring also to the explanations provided in paragraphs 46 and 96 of its General Survey of 2007 on the eradication of forced labour, that the provisions of the Convention exempting compulsory military service from the definition of forced labour do not apply to career military personnel, and that career members of the armed forces cannot be denied the right to leave the service in peacetime, either at certain reasonable intervals or by means of notice of reasonable length.

The Committee therefore requests the Government to indicate the measures taken to ensure, both in law and in practice, that military officers and other career members of the armed forces can leave the service in peacetime at their own request without indicating any specific reason, or that the reasons they put forward must be accepted by the authorities. Pending the adoption of such measures, please supply information on the application in practice of sections 18 and 64 referred to above, indicating the number of applications to resign accepted or refused, and the reasons for refusal.

Article 2(2)(c). Prison labour. In its earlier comments, the Committee referred to section 56 of the Correctional Labour Code, according to which all convicts must work, and such work shall be performed, as a general rule, at enterprises belonging to the executive penal system, but in some cases at enterprises of other ministries and departments. The Committee again requests the Government to indicate, in its next report, what guarantees are provided to ensure that convicted prisoners are not hired to or placed at the disposal of private individuals, companies or associations. Please also provide copies of rules or regulations governing the work of prisoners, as well as information on their application in practice.

Article 2(2)(d). Legislation concerning cases of emergency. The Committee has noted the provisions of article 10 of the Constitution of the Kyrgyz Republic concerning the declaration of a state of exception in Kyrgyzstan. It requests the Government to indicate, in its next report, what guarantees are provided to ensure that the power to call up labour during the state of exception is limited to what is strictly required by the exigencies of the situation. Please also indicate whether there is an intention to adopt a constitutional law on this subject, to which reference is made in article 10(1) of the Constitution.

Articles 1(1), 2(1) and 25. Trafficking in persons. The Committee has noted the adoption of Act No. 55 of 17 March 2005 on preventing and combating trafficking in human beings. It requests the Government to provide, in its next report, information on the application of this Act in practice, supplying copies of any relevant reports, studies and inquiries and indicating measures taken to prevent, suppress and punish trafficking in persons for the purpose of exploitation. Please also provide information on the application in practice of section 124 of the Penal Code (“Trafficking in Persons”), supplying sample copies of the court decisions and indicating penalties imposed on perpetrators.

Article 25. Penal sanctions for the illegal exaction of forced or compulsory labour. Please provide information on the application in practice of section 125 (“illegal deprivation of a person’s freedom”) and section 143 (“gross violation of the labour legislation”) of the Penal Code, indicating, in particular, whether these sections may be used to punish the illegal exaction of forced or compulsory labour. Please furnish information on any legal proceedings which have been instituted as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed.

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:

Articles 1 (paragraph 1), and 2 (paragraph 1), of the Convention. Freedom of career military personnel to leave their service. The Committee previously noted that under section 18 of the Act on the Status of Military Personnel and section 64 of the Act on the General Military Duties of Citizens, military officers can leave the service at their own request for family reasons or other important reasons, after they have completed ten years of service. The Committee recalls, referring also to the explanations provided in paragraphs 46 and 96 of its General Survey of 2007 on the eradication of forced labour, that the provisions of the Convention exempting compulsory military service from the definition of forced labour do not apply to career military personnel, and that career members of the armed forces cannot be denied the right to leave the service in peacetime, either at certain reasonable intervals or by means of notice of reasonable length.

The Committee therefore requests the Government to indicate the measures taken to ensure, both in law and in practice, that military officers and other career members of the armed forces can leave the service in peacetime at their own request without indicating any specific reason, or that the reasons they put forward must be accepted by the authorities. Pending the adoption of such measures, please supply information on the application in practice of sections 18 and 64 referred to above, indicating the number of applications to resign accepted or refused, and the reasons for refusal.

Article 2, paragraph 2, subparagraph (c). Prison labour. In its earlier comments, the Committee referred to section 56 of the Correctional Labour Code, according to which all convicts must work, and such work shall be performed, as a general rule, at enterprises belonging to the executive penal system, but in some cases at enterprises of other ministries and departments. The Committee again requests the Government to indicate, in its next report, what guarantees are provided to ensure that convicted prisoners are not hired to or placed at the disposal of private individuals, companies or associations. Please also provide copies of rules or regulations governing the work of prisoners, as well as information on their application in practice.

Article 2, paragraph 2, subparagraph (d). Legislation concerning cases of emergency. The Committee has noted the provisions of article 10 of the Constitution of the Kyrgyz Republic concerning the declaration of a state of exception in Kyrgyzstan. It requests the Government to indicate, in its next report, what guarantees are provided to ensure that the power to call up labour during the state of exception is limited to what is strictly required by the exigencies of the situation. Please also indicate whether there is an intention to adopt a constitutional law on this subject, to which reference is made in article 10(1) of the Constitution.

Articles 1 (paragraph 1), 2 (paragraph 1), and 25. 1. Trafficking in persons. The Committee has noted the adoption of Act No. 55 of 17 March 2005 on preventing and combating trafficking in human beings. It requests the Government to provide, in its next report, information on the application of this Act in practice, supplying copies of any relevant reports, studies and inquiries and indicating measures taken to prevent, suppress and punish trafficking in persons for the purpose of exploitation. Please also provide information on the application in practice of section 124 of the Penal Code (“Trafficking in Persons”), supplying sample copies of the court decisions and indicating penalties imposed on perpetrators.

2. Penal sanctions for the illegal exaction of forced or compulsory labour. Please provide information on the application in practice of section 125 (“illegal deprivation of a person’s freedom”) and section 143 (“gross violation of the labour legislation”) of the Penal Code, indicating, in particular, whether these sections may be used to punish the illegal exaction of forced or compulsory labour. Please furnish information on any legal proceedings which have been instituted as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed.

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

Articles 1(1) and 2(1) of the Convention. Freedom of career military personnel to leave their service. The Committee previously noted that under section 18 of the Act on the Status of Military Personnel and section 64 of the Act on the General Military Duties of Citizens, military officers can leave the service at their own request for family reasons or other important reasons, after they have completed ten years of service. The Committee recalls, referring also to the explanations provided in paragraphs 46 and 96 of its General Survey of 2007 on the eradication of forced labour, that the provisions of the Convention exempting compulsory military service from the definition of forced labour do not apply to career military personnel, and that career members of the armed forces cannot be denied the right to leave the service in peacetime, either at certain reasonable intervals or by means of notice of reasonable length.

The Committee therefore requests the Government to indicate the measures taken to ensure, both in law and in practice, that military officers and other career members of the armed forces can leave the service in peacetime at their own request without indicating any specific reason, or that the reasons they put forward must be accepted by the authorities. Pending the adoption of such measures, please supply information on the application in practice of sections 18 and 64 referred to above, indicating the number of applications to resign accepted or refused, and the reasons for refusal.

Article 2(2)(c). Prison labour. In its earlier comments, the Committee referred to section 56 of the Correctional Labour Code, according to which all convicts must work, and such work shall be performed, as a general rule, at enterprises belonging to the executive penal system, but in some cases at enterprises of other ministries and departments. The Committee again requests the Government to indicate, in its next report, what guarantees are provided to ensure that convicted prisoners are not hired to or placed at the disposal of private individuals, companies or associations. Please also provide copies of rules or regulations governing the work of prisoners, as well as information on their application in practice.

Article 2(2)(d). Legislation concerning cases of emergency. The Committee has noted the provisions of article 10 of the Constitution of the Kyrgyz Republic concerning the declaration of a state of exception in Kyrgyzstan. It requests the Government to indicate, in its next report, what guarantees are provided to ensure that the power to call up labour during the state of exception is limited to what is strictly required by the exigencies of the situation. Please also indicate whether there is an intention to adopt a constitutional law on this subject, to which reference is made in article 10(1) of the Constitution.

Articles 1(1), 2(1) and 25. 1. Trafficking in persons. The Committee has noted the adoption of Act No. 55 of 17 March 2005 on preventing and combating trafficking in human beings. It requests the Government to provide, in its next report, information on the application of this Act in practice, supplying copies of any relevant reports, studies and inquiries and indicating measures taken to prevent, suppress and punish trafficking in persons for the purpose of exploitation. Please also provide information on the application in practice of section 124 of the Penal Code (“Trafficking in Persons”), supplying sample copies of the court decisions and indicating penalties imposed on perpetrators.

2. Penal sanctions for the illegal exaction of forced or compulsory labour. Please provide information on the application in practice of section 125 (“illegal deprivation of a person’s freedom”) and section 143 (“gross violation of the labour legislation”) of the Penal Code, indicating, in particular, whether these sections may be used to punish the illegal exaction of forced or compulsory labour. Please furnish information on any legal proceedings which have been instituted as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret that no report has been received from the Government for the eighth year in succession. 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 following matters raised in its previous direct request:

Articles 1(1) and 2(1) of the Convention. 1. The Committee noted the provisions of section 18 of the Act on the status of military personnel and section 64 of the Act on the general military duties of citizens, according to which military officers can leave the service at their own request for family reasons or other important reasons, after they have completed ten years of service. The Committee recalled that the provisions of the Convention exempting compulsory military service from the definition of forced labour do not apply to career servicemen. It also referred to paragraph 33 of its General Survey of 1979 on the abolition of forced labour, in which it is recognized that career servicemen cannot be denied the right to leave the service either at certain reasonable intervals or by means of notice of reasonable length. The Committee therefore asks the Government to state whether guarantees are provided, in the national legislation or practice, to ensure that military officers and other career servicemen can leave the service at their own request without indicating any specific reason, or that the reasons they put forward must be accepted by the authorities. Please also supply information on the application in practice of sections 18 and 64 referred to above.

Article 2, paragraph 2(c). 2. The Committee noted the provisions of section 56 of the correctional Labour Code, according to which all convicts must work, and such work shall be performed, as a general rule, at enterprises belonging to the executive penal system, but in some cases at enterprises of other ministries and departments. The Committee would be grateful if the Government would indicate, in its next report, what guarantees are provided to ensure that convicted prisoners are not hired to or placed at the disposal of private individuals, companies or associations. Please also provide a copy of section 412 of the Code of Criminal Procedure, as amended, concerning the work of accused persons placed under guard, to which reference was made in the report, as well as information on its application in practice.

Article 2, paragraph 2(d). 3. The Committee noted from the Government’s reports that the Act of the USSR on the state of emergency, 1990, is still in force in Kyrgyzstan. The Committee would be grateful if the Government would state, in its next report, what guarantees are provided to ensure that the power to call up labour during the state of emergency is limited to what is strictly required by the exigencies of the situation. Please also indicate whether there is an intention to adopt a Constitutional Law on this subject, to which reference is made in article 10 of the Kyrghyz Constitution.

Article 2, paragraph 2(e). 4. Please indicate whether minor communal services may be exacted, in the direct interest of the community, as normal civic obligations of its members, and if so, whether the members of the community or their direct representatives have the right to be consulted in regard to the need for such services.

Article 25. 5. The Committee noted that the Government referred in its report to sections 126 and 135 of the Criminal Code which provide for penal sanctions for "illegal deprivation of a person’s freedom" and for "a gross violation of the labour legislation". It would be grateful if the Government would supply information on the application in practice of these provisions, indicating, in particular, whether they are used to punish the illegal exaction of forced or compulsory labour. Please furnish information on any legal proceedings which have been instituted as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed.

6. Referring to the general observation on the Convention made in its report to the 87th Session of the ILC (1999), the Committee requests the Government to include in its next report information as to the present position in law and practice as regards:

(i)  whether there are prisons administered by private concerns, profit-making or otherwise;

(ii)  whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii)  whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv)  whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v)  the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers’ compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi)  what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii)  for whose benefit is the product of prisoners’ work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii) how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret that no report has been received from the Government for the seventh year in succession. 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 following matters raised in its previous direct request:

Article 2, paragraph 2(a), of the Convention. 1. The Committee noted the provisions of section 18 of the Act on the status of military personnel and section 64 of the Act on the general military duties of citizens, according to which military officers can leave the service at their own request for family reasons or other important reasons, after they have completed ten years of service. The Committee recalled that the provisions of the Convention exempting compulsory military service from the definition of forced labour do not apply to career servicemen. It also referred to paragraph 33 of its 1979 General Survey on the abolition of forced labour, in which it is recognized that career servicemen cannot be denied the right to leave the service either at certain reasonable intervals or by means of notice of reasonable length. The Committee therefore asks the Government to state whether guarantees are provided, in the national legislation or practice, to ensure that military officers and other career servicemen can leave the service at their own request without indicating any specific reason, or that the reasons they put forward must be accepted by the authorities. Please also supply information on the application in practice of sections 18 and 64 referred to above.

Article 2, paragraph 2(c). 2. The Committee noted the provisions of section 56 of the correctional Labour Code, according to which all convicts must work, and such work shall be performed, as a general rule, at enterprises belonging to the executive penal system, but in some cases at enterprises of other ministries and departments. The Committee would be grateful if the Government would indicate, in its next report, what guarantees are provided to ensure that convicted prisoners are not hired to or placed at the disposal of private individuals, companies or associations. Please also provide a copy of section 412 of the Code of Criminal Procedure, as amended, concerning the work of accused persons placed under guard, to which reference was made in the report, as well as information on its application in practice.

Article 2, paragraph 2(d). 3. The Committee noted from the Government’s reports that the Act of the USSR on the state of emergency, 1990, is still in force in Kyrgyzstan. The Committee would be grateful if the Government would state, in its next report, what guarantees are provided to ensure that the power to call up labour during the state of emergency is limited to what is strictly required by the exigencies of the situation. Please also indicate whether there is an intention to adopt a Constitutional Law on this subject, to which reference is made in article 10 of the Kyrghyz Constitution.

Article 2, paragraph 2(e). 4. Please indicate whether minor communal services may be exacted, in the direct interest of the community, as normal civic obligations of its members, and if so, whether the members of the community or their direct representatives have the right to be consulted in regard to the need for such services.

Article 25. 5. The Committee noted that the Government referred in its report to sections 126 and 135 of the Criminal Code which provide for penal sanctions for "illegal deprivation of a person’s freedom" and for "a gross violation of the labour legislation". It would be grateful if the Government would supply information on the application in practice of these provisions, indicating, in particular, whether they are used to punish the illegal exaction of forced or compulsory labour. Please furnish information on any legal proceedings which have been instituted as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed.

6. Referring to the general observation on the Convention made in its report to the 87th Session of the ILC (1999), the Committee requests the Government to include in its next report information as to the present position in law and practice as regards:

(i)  whether there are prisons administered by private concerns, profit-making or otherwise;

(ii)  whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii)  whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv)  whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v)  the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers’ compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi)  what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii)  for whose benefit is the product of prisoners’ work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii)how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with regret that no report has been received from the Government for the sixth year in succession. 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 following matters raised in its previous direct request:

Article 2, paragraph 2(a), of the Convention. 1. The Committee notes the provisions of section 18 of the Act on the status of military personnel and section 64 of the Act on the general military duties of citizens, according to which military officers can leave the service at their own request for family reasons or other important reasons, after they have completed ten years of service. The Committee recalls that the provisions of the Convention exempting compulsory military service from the definition of forced labour do not apply to career servicemen. It also refers to paragraph 33 of its 1979 General Survey on the abolition of forced labour, in which it is recognized that career servicemen cannot be denied the right to leave the service either at certain reasonable intervals or by means of notice of reasonable length. The Committee therefore asks the Government to state whether guarantees are provided, in the national legislation or practice, to ensure that military officers and other career servicemen can leave the service at their own request without indicating any specific reason, or that the reasons they put forward must be accepted by the authorities. Please also supply information on the application in practice of sections 18 and 64 referred to above.

Article 2, paragraph 2(c). 2. The Committee notes the provisions of section 56 of the correctional Labour Code, according to which all convicts must work, and such work shall be performed, as a general rule, at enterprises belonging to the executive penal system, but in some cases at enterprises of other ministries and departments. The Committee would be grateful if the Government would indicate, in its next report, what guarantees are provided to ensure that convicted prisoners are not hired to or placed at the disposal of private individuals, companies or associations. Please also provide a copy of section 412 of the Code of Criminal Procedure, as amended, concerning the work of accused persons placed under guard, to which reference was made in the report, as well as information on its application in practice.

Article 2, paragraph 2(d). 3. The Committee notes from the Government’s reports that the Act of the USSR on the state of emergency, 1990, is still in force in Kyrgyzstan. The Committee would be grateful if the Government would state, in its next report, what guarantees are provided to ensure that the power to call up labour during the state of emergency is limited to what is strictly required by the exigencies of the situation. Please also indicate whether there is an intention to adopt a Constitutional Law on this subject, to which reference is made in article 10 of the Kyrghyz Constitution.

Article 2, paragraph 2(e). 4. Please indicate whether minor communal services may be exacted, in the direct interest of the community, as normal civic obligations of its members, and if so, whether the members of the community or their direct representatives have the right to be consulted in regard to the need for such services.

Article 25. 5. The Committee notes that the Government refers in its report to sections 126 and 135 of the Criminal Code which provide for penal sanctions for "illegal deprivation of a person’s freedom" and for "a gross violation of the labour legislation". It would be grateful if the Government would supply information on the application in practice of these provisions, indicating, in particular, whether they are used to punish the illegal exaction of forced or compulsory labour. Please furnish information on any legal proceedings which have been instituted as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed.

6. Referring to the general observation on the Convention made in its report to the 87th Session of the ILC (1999), the Committee requests the Government to include in its next report information as to the present position in law and practice as regards:

(i)  whether there are prisons administered by private concerns, profit-making or otherwise;

(ii)  whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii)  whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv)  whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v)  the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers’ compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi)  what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii)for whose benefit is the product of prisoners’ work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii)how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with regret that no report has been received from the Government for the fifth year in succession. 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 following matters raised in its previous direct request.

Article 2, paragraph 2(a), of the Convention. 1. The Committee notes the provisions of section 18 of the Act on the status of military personnel and section 64 of the Act on the general military duties of citizens, according to which military officers can leave the service at their own request for family reasons or other important reasons, after they have completed ten years of service. The Committee recalls that the provisions of the Convention exempting compulsory military service from the definition of forced labour do not apply to career servicemen. It also refers to paragraph 33 of its 1979 General Survey on the abolition of forced labour, in which it is recognized that career servicemen cannot be denied the right to leave the service either at certain reasonable intervals or by means of notice of reasonable length. The Committee therefore asks the Government to state whether guarantees are provided, in the national legislation or practice, to ensure that military officers and other career servicemen can leave the service at their own request without indicating any specific reason, or that the reasons they put forward must be accepted by the authorities. Please also supply information on the application in practice of sections 18 and 64 referred to above.

Article 2, paragraph 2(c). 2. The Committee notes the provisions of section 56 of the correctional Labour Code, according to which all convicts must work, and such work shall be performed, as a general rule, at enterprises belonging to the executive penal system, but in some cases at enterprises of other ministries and departments. The Committee would be grateful if the Government would indicate, in its next report, what guarantees are provided to ensure that convicted prisoners are not hired to or placed at the disposal of private individuals, companies or associations. Please also provide a copy of section 412 of the Code of Criminal Procedure, as amended, concerning the work of accused persons placed under guard, to which reference was made in the report, as well as information on its application in practice.

Article 2, paragraph 2(d). 3. The Committee notes from the Government’s reports that the Act of the USSR on the state of emergency, 1990, is still in force in Kyrgyzstan. The Committee would be grateful if the Government would state, in its next report, what guarantees are provided to ensure that the power to call up labour during the state of emergency is limited to what is strictly required by the exigencies of the situation. Please also indicate whether there is an intention to adopt a Constitutional Law on this subject, to which reference is made in article 10 of the Kyrghyz Constitution.

Article 2, paragraph 2(e). 4. Please indicate whether minor communal services may be exacted, in the direct interest of the community, as normal civic obligations of its members, and if so, whether the members of the community or their direct representatives have the right to be consulted in regard to the need for such services.

Article 25. 5. The Committee notes that the Government refers in its report to sections 126 and 135 of the Criminal Code which provide for penal sanctions for "illegal deprivation of a person’s freedom" and for "a gross violation of the labour legislation". It would be grateful if the Government would supply information on the application in practice of these provisions, indicating, in particular, whether they are used to punish the illegal exaction of forced or compulsory labour. Please furnish information on any legal proceedings which have been instituted as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed.

6. Referring to the general observation on the Convention made in its report to the 87th Session of the ILC (1999), the Committee requests the Government to include in its next report information as to the present position in law and practice as regards:

(i)  whether there are prisons administered by private concerns, profit-making or otherwise;

(ii)  whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii)  whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv)  whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v)  the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers’ compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi)  what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii)  for whose benefit is the product of prisoners’ work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii)  how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that no report has been received from the Government. 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 following matters raised in its previous direct request:

Article 2, paragraph 2(a), of the Convention. 1. The Committee notes the provisions of section 18 of the Act on the status of military personnel and section 64 of the Act on the general military duties of citizens, according to which military officers can leave the service at their own request for family reasons or other important reasons, after they have completed ten years of service. The Committee recalls that the provisions of the Convention exempting compulsory military service from the definition of forced labour do not apply to career servicemen. It also refers to paragraph 33 of its 1979 General Survey on the abolition of forced labour, in which it is recognized that career servicemen cannot be denied the right to leave the service either at certain reasonable intervals or by means of notice of reasonable length. The Committee therefore asks the Government to state whether guarantees are provided, in the national legislation or practice, to ensure that military officers and other career servicemen can leave the service at their own request without indicating any specific reason, or that the reasons they put forward must be accepted by the authorities. Please also supply information on the application in practice of sections 18 and 64 referred to above.

Article 2, paragraph 2(c). 2. The Committee notes the provisions of section 56 of the correctional Labour Code, according to which all convicts must work, and such work shall be performed, as a general rule, at enterprises belonging to the executive penal system, but in some cases at enterprises of other ministries and departments. The Committee would be grateful if the Government would indicate, in its next report, what guarantees are provided to ensure that convicted prisoners are not hired to or placed at the disposal of private individuals, companies or associations. Please also provide a copy of section 412 of the Code of Criminal Procedure, as amended, concerning the work of accused persons placed under guard, to which reference was made in the report, as well as information on its application in practice.

Article 2, paragraph 2(d). 3. The Committee notes from the Government’s reports that the Act of the USSR on the state of emergency, 1990, is still in force in Kyrgyzstan. The Committee would be grateful if the Government would state, in its next report, what guarantees are provided to ensure that the power to call up labour during the state of emergency is limited to what is strictly required by the exigencies of the situation. Please also indicate whether there is an intention to adopt a Constitutional Law on this subject, to which reference is made in article 10 of the Kyrghyz Constitution.

Article 2, paragraph 2(e). 4. Please indicate whether minor communal services may be exacted, in the direct interest of the community, as normal civic obligations of its members, and if so, whether the members of the community or their direct representatives have the right to be consulted in regard to the need for such services.

Article 25. 5. The Committee notes that the Government refers in its report to sections 126 and 135 of the Criminal Code which provide for penal sanctions for "illegal deprivation of a person’s freedom" and for "a gross violation of the labour legislation". It would be grateful if the Government would supply information on the application in practice of these provisions, indicating, in particular, whether they are used to punish the illegal exaction of forced or compulsory labour. Please furnish information on any legal proceedings which have been instituted as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed.

6. Referring to the general observation on the Convention made in its report to the 87th Session of the ILC (1999), the Committee requests the Government to include in its next report information as to the present position in law and practice as regards:

(i)  whether there are prisons administered by private concerns, profit-making or otherwise;

(ii)  whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii)  whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv)  whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v)  the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers’ compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi)  what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii)  for whose benefit is the product of prisoners’ work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii)  how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with regret that the Government’s report has not been received for the third year in succession. 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 following matters raised in its previous direct request.

  Article 2, paragraph 2(a), of the Convention.  1.  The Committee notes the provisions of section 18 of the Act on the status of military personnel and section 64 of the Act on the general military duties of citizens, according to which military officers can leave the service at their own request for family reasons or other important reasons, after they have completed ten years of service. The Committee recalls that the provisions of the Convention exempting compulsory military service from the definition of forced labour do not apply to career servicemen. It also refers to paragraph 33 of its 1979 General Survey on the abolition of forced labour, in which it is recognized that career servicemen cannot be denied the right to leave the service either at certain reasonable intervals or by means of notice of reasonable length. The Committee therefore asks the Government to state whether guarantees are provided, in the national legislation or practice, to ensure that military officers and other career servicemen can leave the service at their own request without indicating any specific reason, or that the reasons they put forward must be accepted by the authorities. Please also supply information on the application in practice of sections 18 and 64 referred to above.

  Article 2, paragraph 2(c).  2.  The Committee notes the provisions of section 56 of the correctional Labour Code, according to which all convicts must work, and such work shall be performed, as a general rule, at enterprises belonging to the executive penal system, but in some cases at enterprises of other ministries and departments. The Committee would be grateful if the Government would indicate, in its next report, what guarantees are provided to ensure that convicted prisoners are not hired to or placed at the disposal of private individuals, companies or associations. Please also provide a copy of section 412 of the Code of Criminal Procedure, as amended, concerning the work of accused persons placed under guard, to which reference was made in the report, as well as information on its application in practice.

  Article 2, paragraph 2(d).  3.  The Committee notes from the Government’s reports that the Act of the USSR on the state of emergency, 1990, is still in force in Kyrgyzstan. The Committee would be grateful if the Government would state, in its next report, what guarantees are provided to ensure that the power to call up labour during the state of emergency is limited to what is strictly required by the exigencies of the situation. Please also indicate whether there is an intention to adopt a Constitutional Law on this subject, to which reference is made in article 10 of the Kyrghyz Constitution.

  Article 2, paragraph 2(e).  4.  Please indicate whether minor communal services may be exacted, in the direct interest of the community, as normal civic obligations of its members, and if so, whether the members of the community or their direct representatives have the right to be consulted in regard to the need for such services.

  Article 25.  5.  The Committee notes that the Government refers in its report to sections 126 and 135 of the Criminal Code which provide for penal sanctions for "illegal deprivation of a person’s freedom" and for "a gross violation of the labour legislation". It would be grateful if the Government would supply information on the application in practice of these provisions, indicating, in particular, whether they are used to punish the illegal exaction of forced or compulsory labour. Please furnish information on any legal proceedings which have been instituted as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed.

6.  Referring to the general observation on the Convention made in its report to the 87th Session of the ILC (1999), the Committee requests the Government to include in its next report information as to the present position in law and practice as regards:

(i)  whether there are prisons administered by private concerns, profit-making or otherwise;

(ii)  whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii)  whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv)  whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v)  the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers’ compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi)  what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii)for whose benefit is the product of prisoners’ work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii)how the consent of the prisoners concerned is guaranteed, so that t is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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 following matters raised in its previous comments: Article 2, paragraph 2(a), of the Convention. 1. The Committee notes the provisions of section 18 of the Act on the status of military personnel and section 64 of the Act on the general military duties of citizens, according to which military officers can leave the service at their own request for family reasons or other important reasons, after they have completed ten years of service. The Committee recalls that the provisions of the Convention exempting compulsory military service from the definition of forced labour do not apply to career servicemen. It also refers to paragraph 33 of its 1979 General Survey on the abolition of forced labour, in which it is recognized that career servicemen cannot be denied the right to leave the service either at certain reasonable intervals or by means of notice of reasonable length. The Committee therefore asks the Government to state whether guarantees are provided, in the national legislation or practice, to ensure that military officers and other career servicemen can leave the service at their own request without indicating any specific reason, or that the reasons they put forward must be accepted by the authorities. Please also supply information on the application in practice of sections 18 and 64 referred to above. Article 2, paragraph 2(c). 2. The Committee notes the provisions of section 56 of the correctional Labour Code, according to which all convicts must work, and such work shall be performed, as a general rule, at enterprises belonging to the executive penal system, but in some cases at enterprises of other ministries and departments. The Committee would be grateful if the Government would indicate, in its next report, what guarantees are provided to ensure that convicted prisoners are not hired to or placed at the disposal of private individuals, companies or associations. Please also provide a copy of section 412 of the Code of Criminal Procedure, as amended, concerning the work of accused persons placed under guard, to which reference was made in the report, as well as information on its application in practice. Article 2, paragraph 2(d). 3. The Committee notes from the Government's reports that the Act of the USSR on the state of emergency, 1990, is still in force in Kyrgyzstan. The Committee would be grateful if the Government would state, in its next report, what guarantees are provided to ensure that the power to call up labour during the state of emergency is limited to what is strictly required by the exigencies of the situation. Please also indicate whether there is an intention to adopt a Constitutional Law on this subject, to which reference is made in article 10 of the Kyrghyz Constitution. Article 2, paragraph 2(e). 4. Please indicate whether minor communal services may be exacted, in the direct interest of the community, as normal civic obligations of its members, and if so, whether the members of the community or their direct representatives have the right to be consulted in regard to the need for such services. Article 25. 5. The Committee notes that the Government refers in its report to sections 126 and 135 of the Criminal Code which provide for penal sanctions for "illegal deprivation of a person's freedom" and for "a gross violation of the labour legislation". It would be grateful if the Government would supply information on the application in practice of these provisions, indicating, in particular, whether they are used to punish the illegal exaction of forced or compulsory labour. Please furnish information on any legal proceedings which have been instituted as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed. 6. Referring to the general observation on the Convention made in its report to the 87th Session of the ILC (1999), the Committee requests the Government to include in its next report information as to the present position in law and practice as regards:

(i) whether there are prisons administered by private concerns, profit-making or otherwise;

(ii) whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii) whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv) whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v) the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers' compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi) what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii) for whose benefit is the product of prisoners' work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii) how the consent of the prisoners concerned is guaranteed, so that t is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

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 2, paragraph 2(a), of the Convention. The Committee notes the provisions of section 18 of the Act on the status of military personnel and section 64 of the Act on the general military duties of citizens, according to which military officers can leave the service at their own request for family reasons or other important reasons, after they have completed ten years of service. The Committee recalls that the provisions of the Convention exempting compulsory military service from the definition of forced labour do not apply to career servicemen. It also refers to paragraph 33 of its 1979 General Survey on the abolition of forced labour, in which it is recognized that career servicemen cannot be denied the right to leave the service either at certain reasonable intervals or by means of notice of reasonable length. The Committee therefore asks the Government to state whether guarantees are provided, in the national legislation or practice, to ensure that military officers and other career servicemen can leave the service at their own request without indicating any specific reason, or that the reasons they put forward must be accepted by the authorities. Please also supply information on the application in practice of sections 18 and 64 referred to above.

Article 2, paragraph 2(b). Please indicate any work or service (other than compulsory military service or work or service required in case of emergency) which may be exacted as normal civic obligations of the citizens of your country.

Article 2, paragraph 2(c). The Committee notes the provisions of section 56 of the correctional Labour Code, according to which all convicts must work, and such work shall be performed, as a general rule, at enterprises belonging to the executive penal system, but in some cases at enterprises of other ministries and departments. The Committee would be grateful if the Government would indicate, in its next report, what guarantees are provided to ensure that convicted prisoners are not hired to or placed at the disposal of private individuals, companies or associations. Please also provide a copy of section 412 of the Code of Criminal Procedure, as amended, concerning the work of accused persons placed under guard, to which reference was made in the report, as well as information on its application in practice.

Article 2, paragraph 2(d). The Committee notes from the Government's reports that the Act of the USSR on the state of emergency, 1990, is still in force in Kyrgyzstan. The Committee would be grateful if the Government would state, in its next report, what guarantees are provided to ensure that the power to call up labour during the state of emergency is limited to what is strictly required by the exigencies of the situation. Please also indicate whether there is an intention to adopt a Constitutional Law on this subject, to which reference is made in article 10 of the Kyrghyz Constitution.

Article 2, paragraph 2(e). Please indicate whether minor communal services may be exacted, in the direct interest of the community, as normal civic obligations of its members, and if so, whether the members of the community or their direct representatives have the right to be consulted in regard to the need for such services.

Article 25. The Committee notes that the Government refers in its report to sections 126 and 135 of the Criminal Code which provide for penal sanctions for "illegal deprivation of a person's freedom" and for "a gross violation of the labour legislation". It would be grateful if the Government would supply information on the application in practice of these provisions, indicating, in particular, whether they are used to punish the illegal exaction of forced or compulsory labour. Please furnish information on any legal proceedings which have been instituted as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes with interest the information provided by the Government in its first and second reports on the application of the Convention. It would be grateful if the Government would supply, with its next report, additional information on the following points:

Article 2, paragraph 2(a), of the Convention. The Committee notes the provisions of section 18 of the Act on the status of military personnel and section 64 of the Act on the general military duties of citizens, according to which military officers can leave the service at their own request for family reasons or other important reasons, after they have completed ten years of service. The Committee recalls that the provisions of the Convention exempting compulsory military service from the definition of forced labour do not apply to career servicemen. It also refers to paragraph 33 of its 1979 General Survey on the abolition of forced labour, in which it is recognized that career servicemen cannot be denied the right to leave the service either at certain reasonable intervals or by means of notice of reasonable length. The Committee therefore asks the Government to state whether guarantees are provided, in the national legislation or practice, to ensure that military officers and other career servicemen can leave the service at their own request without indicating any specific reason, or that the reasons they put forward must be accepted by the authorities. Please also supply information on the application in practice of sections 18 and 64 referred to above.

Article 2, paragraph 2(b). Please indicate any work or service (other than compulsory military service or work or service required in case of emergency) which may be exacted as normal civic obligations of the citizens of your country.

Article 2, paragraph 2(c). The Committee notes the provisions of section 56 of the correctional Labour Code, according to which all convicts must work, and such work shall be performed, as a general rule, at enterprises belonging to the executive penal system, but in some cases at enterprises of other ministries and departments. The Committee would be grateful if the Government would indicate, in its next report, what guarantees are provided to ensure that convicted prisoners are not hired to or placed at the disposal of private individuals, companies or associations. Please also provide a copy of section 412 of the Code of Criminal Procedure, as amended, concerning the work of accused persons placed under guard, to which reference was made in the report, as well as information on its application in practice.

Article 2, paragraph 2(d). The Committee notes from the Government's reports that the Act of the USSR on the state of emergency, 1990, is still in force in Kyrgyzstan. The Committee would be grateful if the Government would state, in its next report, what guarantees are provided to ensure that the power to call up labour during the state of emergency is limited to what is strictly required by the exigencies of the situation. Please also indicate whether there is an intention to adopt a Constitutional Law on this subject, to which reference is made in article 10 of the Kyrghyz Constitution.

Article 2, paragraph 2(e). Please indicate whether minor communal services may be exacted, in the direct interest of the community, as normal civic obligations of its members, and if so, whether the members of the community or their direct representatives have the right to be consulted in regard to the need for such services.

Article 25. The Committee notes that the Government refers in its report to sections 126 and 135 of the Criminal Code which provide for penal sanctions for "illegal deprivation of a person's freedom" and for "a gross violation of the labour legislation". It would be grateful if the Government would supply information on the application in practice of these provisions, indicating, in particular, whether they are used to punish the illegal exaction of forced or compulsory labour. Please furnish information on any legal proceedings which have been instituted as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed.