Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre la readaptación profesional y el empleo (personas inválidas), 1983 (núm. 159) - Kirguistán (Ratificación : 1992)

The Committee notes the observations by the Federation of the Trade Unions in Kyrgyzstan (KFTU), received on 1 September 2023. The observations refer to the national legislation, employment quotas of persons with disabilities, statistical data about employed persons with disabilities in 2019–20, and the results of a 2018 study regarding barriers to the employment of persons with disabilities. The Committee requests the Government to provide its comments in this regard.

Article 2 of the Convention. National policy on vocational rehabilitation and employment of persons with disabilities. The Committee notes with interest the set of legislative and policy measures adopted by the Government related to the rights of persons with disabilities. In this respect, the Committee observes that the new Constitution of the Kyrgyz Republic, adopted on 11 April 2021, explicitly prohibits discrimination based on “disabilities” (article 24). The Committee also notes the information on the website of the United Nations Development Programme (UNDP) - Kyrgyzstan related to the State programme “Accessible Country” for 2023-2030 (the State programme). The State programme was approved in February 2023 by the Cabinet of Ministers and was developed in the context of the implementation of the UN Convention on the Rights of Persons with Disabilities (CRPD), ratified by the Kyrgyz Republic on 7 February 2019. The State programme aims to address existing challenges like optimizing medical and social expertise in dealing with disability issues; developing a rehabilitation system, habilitation, and early intervention; developing a labour market for persons with disabilities and creating conditions for access to infrastructure, considering the implementation of the principles of “universal design” and “reasonable accommodation”. The Committee, however, notes that according to the Situational Analysis of the Rights of Persons with Disabilities in Kyrgyzstan (the Analysis), made by UNDP, and published in May 2024, only 36 per cent of the Programme has a budget allocation. In addition, concern is expressed in the Analysis that the current legislation of Kyrgyzstan does not fully integrate international standards on disability into the mainstream framework. The Committee observes that UN Children’s Fund (UNICEF) also expressed similar concerns in its 2023 country office annual report about Kyrgyzstan (the UNICEF report). The Committee also notes the information in the UNICEF report related to the issuance of a Joint Decree in August 2023 by the Ministry of Labour, Social Security and Migration, Ministry of Health and Ministry of Education and Sciences related to the institutionalization of early identification and early interventions of children with disabilities. The main objectives of the Joint Decree include the protection of the rights of young children with disabilities aged 0–8 years and the promotion of the development of their full potential and participation in health, education, and social opportunities. In view of the above, the Committee notes that the Government’s report does not provide all the information requested in response to its previous comments on the application of Article2 of the Convention. The Committee, therefore, reiterates its request to the Government to provide concrete information on the application of the 2017 amendments to Act No. 38 of 3 April 2008 on Rights and Guarantees for Persons with Disabilities and the manner in which it ensures equal access to employment and decent work for persons with disabilities, including copies of court decisions concerning the application of the principles of the Convention. The Committee also reiterates its request to the Government to provide additional concrete information on practical measures taken to ensure the right of persons with disabilities to have equality of access to employment and occupation.Lastly, the Committeerequests the Government to continue to provide detailed updated information on the nature and impact of the policies and measures adopted or envisaged to give effect to the provisions of the Convention.

Article 3. Access to the open labour market for persons with disabilities. In response to the Committee's previous comments, the Government refers again to Section 25 of the Labour Code (articles 313–320), which regulates the obligations of employers and the working conditions for persons with disabilities (working hours, rest hours, annual leave, pay), including the establishment of an employment quota for persons with disabilities which (at least 5 per cent in any workplace with 20 or more workers). The Government also informs that an analysis of employment based on job quotas has shown that not all jobs in the quotas provided by organizations and institutions were filled by unemployed persons with disabilities. According to the information provided in the Government's report, the reasons for this situation include: (i) difficulties, encountered by persons with disabilities to access the workplace using public transport, (ii) lack of appropriate working conditions (ramps, railings, toilets, and required conditions in the workplace), (iii) low salary for the positions, offered to persons with disabilities and (iv) lack of offer for high-paying positions which requires particular skills and concentration. The Government further indicates that in the first half of 2023, a quota of 1,421 positions for persons with disabilities has been approved for the whole country, 102 persons were employed in the created jobs, 95 unemployed workers were referred for vocational training, and 148 were referred for paid work experience. In this context, the Committee notes the information related to the distribution of job positions in the 2023 employment quota for persons with disabilities in the capital Bishkek and the provinces (433 positions in Bishkek; 557 positions in Batken province; 54 positions in Chuy province; 19 positions in Talas province; 20 positions in Naryn province; 40 positions in the city of Osh; 56 positions in Osh province; 29 positions in Issyk-Kul province; and 213 positions in Jalal-Abad province). The Government adds that in the reporting period, 1,013 persons with disabilities, of whom 433 were women, were registered in regional and city employment departments of the Ministry of Labour, Social Security and Migration. The Committee further notes the information provided by the Government related to the number of persons with disabilities applying for employment services and the number of persons assisted with employment in the period from 2019 to the first half of 2023. In this respect, the Committee notes an increase in the number of persons in the reporting period. According to the statistics, 869 persons with disabilities applied to the employment service in 2022, 407 of whom were women, 1,782 persons with disabilities received advice, 918 of whom were women, 545 persons with disabilities, 258 of whom were women, registered as unemployed and 263 persons with disabilities, 151 of whom were women, were supported in finding employment. As regards the establishment of the Labour Market Information System and the electronic Portal for employment promotion (zanyatost.kg), which is adapted for persons with disabilities, the Committee refers to its comment on the Employment Policy Convention, 1964 (No. 122). While taking due note of the above, the Committee observes that the Government’s report does not provide information in response to all its previous comments on the application of Article3 of the Convention. The Committee, therefore, request the Government to provide information on the nature, scope and impact of measures adopted to improve the employment opportunities of persons with disabilities in the open labour market, particularly women with disabilities, in both the public and the private sectors. In this respect, the Committee also reiterates the requests to the Government to continue to provide statistical data, disaggregated by sex, age and type of disability, as well as by region, to the extent possible, and extracts from reports, studies and investigations concerning the matters covered by the Convention. It further requests the Government to provide a copy of the most recent report of the Ombudsman (Akyikatchy Institute) relating to the rights of persons with disabilities, including their labour and employment rights.

Article 4. Effective equality of opportunities and treatment between men and women workers with disabilities, and between workers with disabilities and other workers. The Committee observes that the Government does not provide information in response to its previous comments on the application of Article 4 of the Convention. The Committee also notes that in its concluding observations, adopted on 11 October 2024, the Committee on Economic, Social and Cultural Rights expressed concern regarding reports of persistently high unemployment and economic inactivity rates in the country among several vulnerable groups, including persons with disabilities (E/C.12/KGZ/CO/4, paragraph 26). The Committee, therefore, requests the Government to provide detailed information on the nature, scope and impact of measures adopted to ensure effective equality of opportunities and treatment in employment and occupation between women and men with disabilities and between workers in general and workers with disabilities, including statistics disaggregated by sex, age, and economic sector. The Committee further requests the Government to provide detailed information on the effective application of legislation concerning effective equality of opportunities and treatment between men and women workers with disabilities, and between workers with disabilities and other workers. It also requests the Government to provide copies of court decisions, if any, concerning cases of direct and indirect discrimination against persons with disabilities, including cases of discrimination on multiple grounds, such as sex or race, coupled with the grounds of disability.

Article 5. Consultations with the social partners and with organizations of and for persons with disabilities. In response to the Committee's previous comments, the Government only indicates that the social partners are currently participating in the preparation of a new draft act in the social and labour sphere without providing further information. In addition, the Committee notes the information in the UNICEF report related to the establishment of the Working Group on Children with Disabilities (WGCD) within the existing Council on Persons with Disabilities (CPD) in September 2023. The WGCD, like the CPD, is a coordination mechanism under the Cabinet of Ministers, whose mandate includes the promotion of the rights of children with disabilities and their families and participation in policy formulation and implementation related to children with disabilities. Taking the above into account, the Committee reiterates its requests the Government to provide detailed up-to-date information on the content, frequency and outcome of the consultations held with the social partners and with organizations representing persons with disabilities, in relation to the application of the provisions of the Convention.

Article 7. Vocational training for persons with disabilities. Regarding vocational training, the Government has provided information about the results of a project by the Ministry of Labour, Social Security and Migration, in cooperation with the German Agency for International Cooperation (GIZ), launched in 2021 and aimed at promoting employment and vocational training. The Committee also notes that access has been improved in 41 initial vocational education institutes, and 33 residence halls were refurbished, where 41 per cent of residents were young women. The Government also provides information about training programmes for persons with disabilities, including the State Penal Correction Service, which the National Methodology Centre developed at the request of education institutes. While taking note of the above information, the Committee observes that the report does not provide responses to all the issues raised in its previous comment and requests to provide information on the measures adopted or envisaged to promote gender equality between men and women with disabilities in vocational guidance and training, including measures to promote women's access to non-traditional occupations taking into account that certain vocational training programmes for persons with disabilities appear to direct women and men to occupations perceived as traditionally female or male. The Committee also requests the Government to continue to provide updated detailed information on the nature and impacts of the vocational guidance and training measures adopted to enable persons with disabilities to secure, retain and advance in employment.

Articles 8 and 9. Availability of vocational rehabilitation and employment services in rural and remote areas. Training of suitably qualified staff. The Committee notes that the Government’s report does not provide information in response to its previous comments on this Article of the Convention. The Committee, therefore, reiterates its request to the Government to provide updated information on the nature and impact of measures adopted to ensure the provision of effective vocational rehabilitation and employment services in rural areas and remote communities. The Committee also reiterates the request to the Government to provide detailed updated information on the content and scope of the training provided to vocational rehabilitation and employment services staff in both urban and rural areas to enable them to provide effective employment-related services, including training, vocational guidance and placement services tailored to the specific needs of persons with disabilities. In particular, the Committee reiterates its request to the Government to provide detailed information on the nature and impact of employment services provided to persons living with a psychological, emotional, or intellectual disability.