Seguimiento dado a las recomendaciones del Comité y del Consejo de Administración - Informe núm. 412, Noviembre 2025

Caso núm. 3386 (Kirguistán) - Fecha de presentación de la queja:: 29-JUN-20 - Cerrado

Effect given to the recommendations of the committee and the Governing Body

1. 36. The Committee last examined this case in which the complainants, the Mining and Metallurgy Workers’ Union of Kyrgyzstan (GMPK), IndustriALL Global Union, the Federation of Trade Unions of Kyrgyzstan (FPK) and the Trade Union of Food and Processing Industry Workers of the Kyrgyz Republic, alleged that if adopted, the draft Law on Trade Unions would violate freedom of association and collective bargaining rights as well as acts of interference and pressure on the FPK and its leadership, at its October 2021 meeting [see 396th Report, paras 453–485]. On that occasion, the Committee made the following recommendations:
   • (a) The Committee regrets that the Government has not replied to the allegations in this case, even though it has been asked to do so on several occasions, including through an urgent appeal, and requests it to reply as soon as possible.
   • (b) The Committee requests the Government to take the necessary measures to ensure that any draft law on Trade Unions being considered will be the subject of full and meaningful consultations with the social partners and bear in mind the conclusions above. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard should it so desire.
   • (c) The Committee urges the Government to conclude without further delay any pending investigation involving the FPK and its affiliates, to return all documents concerning their internal administration and to ensure that its bank accounts can be used to conduct their legitimate trade union activities. The Committee urges the Government to inform it of all developments in this regard.
   • (d) The Committee requests the Government to provide its observations without delay on the alleged request of the ad hoc Parliamentarian Committee (mandated to examine the implementation of the Law on Trade Unions) to suspend the election to the position of the FPK chairperson as well as to the leadership positions of its affiliates until the completion of all investigations.
   • (e) The Committee draws the legislative aspects of this case to the attention of the Committee of Experts on the Application of Conventions and Recommendations (CEACR).
2. 37. The GMPK, IndustriALL Global Union and the FPK submitted additional information in their communications dated 28 and 30 August, 16 October 2023, and 5 February 2024.
3. 38. The complainants inform at the outset that on 6 April 2022, the FPK congress elected new leadership, thereby settling the FPK internal dispute.
4. 39. The complainants allege, however, that in 2023, the authorities increased pressure exerted on trade unions. In this respect, IndustriALL refers, in particular, to Jogorku Kenesh (Parliament) decision No. 1293-VII adopted on 21 June 2023, which gave instructions to the Cabinet of Ministers and the FPK on such issues as the determination of structure and areas of activity of the FPK trade unions, their functioning, amendment of their charters, etc. According to the complainants, these measures interfere with the internal activities of trade unions, restricting their right to develop their charters and regulations, to freely organize their internal structures and their activities, and formulate their programmes of action.
5. 40. The complainants further allege that in the summer of 2023, under the initiative of the mayor of Bishkek, budgetary workers began to face pressure to leave their unions and become members of a newly created city union under his control. Confidential letters marked “for official use” were distributed across ministries, departments and institutions, calling for the re election of trade union representatives at all levels. Furthermore, on 26 September 2023, the Chamber of Auditors ordered a full inspection of financial and economic activities of trade unions associated with the FPK, requiring them to submit all statutory, accounting, administrative and other documents covering the period from 1 January 2013 to 31 December 2022. The FPK further asserts that auditors were assigned to trade unions to investigate not only property-related matters, but also financial and economic issues, including the allocation of the Workers Recreation Fund resources for purchasing trips and the management of trade union members’ dues. In October 2023, the FPK access to the Workers Recreation Fund was suspended, which prevented the union from purchasing trips. As a result, many workers could not avail themselves of the rest and recreational facilities, and sanatorium workers affiliated with trade unions risked facing unpaid wages.
6. 41. The complainants further allege that on 28 November and 6 December 2023, the State Committee for National Security apprehended a number of trade union leaders, accusing them of various offences, including “corruption”, “creating threats to the interests of society and the State”, and “causing serious harm”. By the end of December 2023, leaders of the FPK branch trade unions simultaneously resigned. Under pressure from the State authorities, all branch trade unions, including the GMPK, the Trade Union of Industry, Public Services and Entrepreneurship Workers of the Kyrgyz Republic, and the Trade Union of Textile Light, Paper and Related Sectors of Economy, Industry and Services of the Kyrgyz Republic, had to convene extraordinary plenums to elect new chairpersons. On 29 December 2023, a meeting of the FPK council voted, allegedly under the State pressure, to temporarily transfer the FPK-owned health centres to the Presidential Administration, in accordance with a Presidential decree of 22 November 2023. The council also decided to hold an extraordinary congress of the FPK on 15 February 2024. Given the enormous pressure on trade unions in the country, IndustriALL doubts the ability of the FPK extraordinary congress to conduct a democratic and fair election of trade union leadership without direct State interference.
7. 42. The FPK considers that the above-mentioned acts, together with anti-union information campaigns in the media, constitute an attack on trade unions, which if continued, would effectively exclude trade unions from the system of labour relations and social dialogue at all levels. According to IndustriALL, the influence from the State authorities has resulted in a state of paralysis, impeding the effective functioning of these unions.
8. 43. The Government provides its observations in communications dated 28 January and 27 June 2022, 10 October 2023, and 19 April and 3 December 2024. It informs, in particular, that the draft Law on Trade Unions was vetoed by the President on three occasions and thus, is no longer being examined and that consequently, the Law on Trade Unions of 1998 remains in force.
9. 44. The Government further indicates that in February 2024, the FPK held its XXVI Extraordinary Congress attended by over 100 delegates representing all national sectoral trade union associations and elected new leaders. The working organs of the FPK – the Council and Audit Commission – were also set up. According to the Government, the FPK continues to engage in social dialogue within the existing framework of tripartite partnership.
10. 45. The Government explains that the alleged interference in the FPK’s internal affairs was the result of an internal conflict within the union, where one of the parties brought in representatives of law enforcement agencies. It emphasizes that, in accordance with section 4 of the Law on Trade Unions, trade unions shall be independent in their activities and be subject only to the laws of the Kyrgyz Republic. They shall not be subject to supervision and monitoring by State authorities, employers, political parties or other public associations. Any interference likely to restrict the rights of trade unions or obstruct the conduct of their statutory activities shall be forbidden, unless the law provides otherwise.
11. 46. As regards the detention of trade union leaders, the Government indicates that it was linked exclusively to the investigation of the economic activities of the FPK. An investigation was conducted in the shortest possible time frame and the leaders were released in February 2024. According to the Government, many previous union leaders are currently actively involved in the FPK’s work.
12. 47. The Government further indicates that the FPK’s property has been preserved as trade union property and that the national law enforcement and court authorities are assisting in various ways in returning previously sold premises. To establish an effective mechanism for the management and improvement of infrastructures, and as a result of the FPK’s financial difficulties, a number of sanatoria, resorts and tourist installations were transferred, for a five-year period, to the Presidential Administration for the purpose of large-scale reconstruction and major repairs.
13. 48. The Committee takes due note of the information provided by the complainants and the Government. The Committee notes that the draft Law on Trade Unions was vetoed by the President on three occasions and that consequently, the Law on Trade unions of 1998 remains in force, and recalls in that respect that it had drawn the legislative aspects of this case to the attention of the CEACR, which examined this matter.
14. 49. The Committee notes the Government’s indication that the interference in the FPK’s internal affairs was the result of a conflict within the trade union movement, during which one of the factions called on the law enforcement agencies. While the Committee observes that according to the complainants, the change in FPK leadership in April 2022 settled the internal dispute, it notes new allegations of State interference and pressure on the FPK and its leaders, described above as an attack on trade unions. In this respect, the Committee notes that the complainants refer, in particular, to the 21 June 2023 decision of Jogorku Kenesh (No. 1293-VII) and Presidential Decree No. 319 of 22 November 2023, which were followed by the investigation of the FPK activities and management, which resulted in a detention of some of the FPK leaders and temporary transfer of the FPK owned sanatorium-resort facilities to the Presidential Administration.
15. 50. The Committee notes that the June 2023 decision of Jogorku Kenesh instructs the General Prosecutor’s Office, the Ministry of Internal Affairs, and the State Committee for National Security of the Kyrgyz Republic to: take measures to bring to criminal responsibility the chairpersons of trade unions who, from 1992 to the present day, have illegally sold the FPK property; to take measures to return to the State the illegally sold property; consider bringing to criminal responsibility certain employees of the prosecutor’s office, law enforcement and judicial bodies, the state institution “Cadastre”, officials of local self-government bodies and local state administrations who, in various ways, facilitated the illegal sale of the FPK property; and inform of the results of the work carried out to Jogorku Kenesh by 1 October 2023. It further instructs members of Jogorku Kenesh to prepare, in September 2023, proposals for amendments to the Law on Trade Unions. Once the Law on Trade Unions is amended, the Cabinet of Ministers shall: exercise constant oversight over the full and effective functioning of the facilities owned by the FPK in accordance with their intended purposes, through the relevant state bodies; to ensure transparency, carry out digitalization measures and significant personnel reforms in all structures of the FPK trade unions; ensure the creation of a new effective trade union structure that primarily fulfils its duties to protect the rights and interests of workers, without engaging in any political activity, by reducing the number and consolidating the committees and councils of trade unions. Finally, the decision also instructs the FPK to prepare proposals for the necessary amendments to the charters of its republican, sectoral committees and regional councils, and to conduct an inventory of lease agreements for trade union property with the view to possibly leasing the property to local self-government bodies, other legal entities, and individuals on favourable terms.
16. 51. The Committee further notes that the stated aim of Presidential Decree No. 319 of 22 November 2023 on taking measures for the effective management of activities aimed at improving health of workers is to improve the organization of health resort treatment for workers and their dependent family members, and to create an effective mechanism for managing the financing of health improvement activities for workers. The Decree introduces a moratorium on the issuance of vouchers to health resort institutions at the expense of the FPK Workers’ Health Improvement Fund of the FPK (the Fund) until 31 December 2027 and instructs for the resources received by the Fund to be directed toward capital construction and repair of health resort facilities, as well as the improvement of their material and technical base. It further recommends to the FPK to transfer, by 31 December 2023, all health resort facilities owned by them to the Presidential Administration for temporary, gratuitous use. In turn, the Presidential Administration shall, jointly with the FPK determine the list of health resort facilities to be transferred for temporary use and, by 31 December 2023, officially accept these facilities for temporary use and carry out activities to bring the existing health resort and tourist facilities up to modern standards. The Cabinet of Ministers shall designate an authorized executive body to manage the distribution of the Fund’s resources starting 1 January 2028; develop specific proposals for the effective and fair distribution of vouchers financed by the Fund; within three months, draft relevant legislation and other regulatory legal acts to improve the mechanisms for health improvement of workers and their dependent family members, including infrastructure upgrades of health resort facilities.
17. 52. The Committee observes that the decision and the Decree, as well as the investigations initiated by the authorities related to the sanatoriums, resorts and tourist infrastructure owned by the FPK, as well as those allegedly sold illegally between 1992 and 2023. The Committee notes the Government’s indication that while such properties, still owned by the FPK, were transferred to the Presidential Administration due to the union’s financial difficulties and the infrastructure’s needs for modernizing, they remain classified as trade union property, and that the authorities are actively assisting in returning the previously sold facilities. It also notes that according to the Government, trade union leaders detained in November–December 2023 in connection to the investigation of the economic activities of the FPK were released in February 2024. The Committee further notes the Government’s indication that in accordance with section 4 of the Law on Trade Unions, trade unions shall be independent in their activities and be subject only to the national legislation; that they shall not be subject to supervision and monitoring by the State authorities, employers, political parties and other public associations; and that any interference likely to restrict the rights of trade unions or obstruct the conduct of their statutory activities is forbidden, unless the law provides otherwise. Finally, according to the Government, the FPK continues to engage in social dialogue within the existing framework of tripartite partnership.
18. 53. In view of the above and noting on the one hand, that the CEACR will continue to examine legislative aspects of this case, and on the other, that no new information has been provided by the complainant organizations since February 2024, the Committee considers that this case is closed and does not call for further examination.