Caso individual (CAS) - Discusión: 2025, Publicación: 113ª reunión CIT (2025)

Convenio sobre la inspección del trabajo, 1947 (núm. 81) - Kirguistán (Ratificación : 2000)

Written information provided by the Government

According to the Labour Code, state inspectors in the field of supervision and control over compliance with labour legislation are entitled to hold accountable, in accordance with the legislation of the Kyrgyz Republic on offences, persons guilty of violating laws and other regulatory legal acts on labour and, if necessary, invite them to the authorized state body in the field of supervision and control of labour legislation in connection with cases in progress, as well as to send information to law enforcement agencies to hold these persons criminally liable, and file lawsuits in court.

Article 87 of the Code on Offences provides norms for holding perpetrators administratively accountable for violations of labour legislation:

• The conclusion of a labour contract with a person for whom the proposed work is harmful to health according to a medical opinion entails the imposition of a fine of ten indicative calculation units for individuals, and 50 calculation units for legal entities.
• Violation of the rules for involving certain categories of persons in night work, overtime work or work on weekends entails the imposition of a fine of 30 calculation units for individuals, and 130 calculation units for legal entities.
• Violation of the rules for involving certain categories of persons in heavy work or work in harmful or dangerous working conditions entails the imposition of a fine of 55 calculation units for individuals, and 170 calculation units for legal entities.
• Failure to fulfil or improper fulfilment by the employer of the obligations to create healthy and safe working conditions for employees, or to introduce means and technologies ensuring compliance with sanitary and hygienic norms, and of the requirements of technical regulations and other regulatory legal acts on labour protection, entails the imposition of a fine of 75 calculation units for individuals, and 230 calculation units for legal entities.
• Unjustified suspension of citizens from work entails the imposition of a fine of 30 calculation units for individuals, and 130 calculation units for legal entities.
• The engagement of individuals by an employer in work without the formalization of a labour contract entails the imposition of a fine of 75 calculation units for individuals, and 230 calculation units for legal entities.

Note: the calculation indicator is equal to 100 som (US$1.15).

Violations of labour legislation are considered by the authorized body for the control and supervision of labour legislation. The functions of the labour inspectorate are performed by the Service for Control and Supervision of Labour Legislation under the Ministry of Labour, Social Security and Migration of the Kyrgyz Republic (hereinafter the Service), which performs the following main functions:

• carries out state supervision and control of compliance with labour legislation and other regulatory legal acts containing labour law norms in organizations, through inspections, surveys, the issuance of mandatory instructions for the elimination of violations, and by bringing those responsible to justice in accordance with the legislation on offences.
• analyses the circumstances and causes of identified violations, and takes measures to eliminate them and restore the violated labour rights of citizens;
• investigates industrial accidents using the established procedure, analyses their causes, develops proposals for the prevention of such cases, and approves the conclusions of employers’ reports of a lack of connection between a minor industrial accident and production;
• summarizes the application of the legislation on labour and labour protection and analyses the causes of violations of that legislation, and prepares appropriate measures for improvement;
• carries out inspections on the use of child labour;
• monitors compliance with the established procedure for the investigation and recording of industrial accidents and occupational diseases;
• considers cases of offences in the field of labour in accordance with the legislation on offences;
• exercises control and provides organizational and methodological guidance to the structural divisions of the Service, and regulatory support for those divisions;
• conducts work on improving the qualifications of labour inspectors;
• submits an annual report on the state of labour protection and working conditions to the Cabinet of Ministers through the Ministry of Labour, Social Security and Migration;
• analyses the state and causes of industrial injuries and occupational diseases, and develops proposals for their prevention;
• coordinates the activities of state supervision and control bodies and public control on issues of compliance with laws and other regulatory legal acts on labour and labour protection;
• informs the public about violations of laws and other regulatory legal acts on labour and labour protection identified in organizations;
• conducts explanatory work on the labour rights of employees, and promotes the training of employers and employees on labour protection issues;
• receives citizens, provides consultations, and considers applications, complaints and other appeals from citizens regarding violations of their labour rights, and takes measures to eliminate identified violations and restore violated rights; and
• performs other functions in accordance with the legislation.

The Law on the Procedure for Conducting Inspections of Business Entities establishes the procedure for conducting inspections of business entities by authorized bodies, defines the rights and obligations of authorized bodies and business entities related to the implementation of inspections, indicators of the effectiveness of the activities of authorized bodies, as well as the protection of the rights of business entities from illegal interference in their activities. Currently, the norm providing for notification of a scheduled inspection of the activities of legal entities and entrepreneurs at least ten days before its commencement has been excluded from this Law. Thus, inspectors currently conduct scheduled inspections for compliance with building codes and regulations, requirements for the production, storage, transportation, and sale of food products, labour protection requirements, and environmental safety, without prior notification.

In cases related to ensuring people’s safety and health (in the event of the emergence and spread of infectious diseases and mass non-infectious diseases (poisonings), or industrial accidents), in the event of emergency environmental situations, the threat of an industrial accident, or violation of building codes and regulations, inspections may be sudden and carried out without a written order (an instruction or prescription) in order to identify the causes and sources of the unacceptable impact on the health of the population and to take measures to prevent and eliminate them, with subsequent notification of the authorized body for business development within seven working days. These changes came into force on 14 January 2024.

The Temporary Ban on Inspections of Business Entities was in force until 31 December 2024. As of 1 January 2025, the moratorium (temporary ban) on inspections of business entities has been lifted. An unscheduled on-site inspection of the activities of entrepreneurs can only be carried out by the Service after agreement with the authorized body for business development (the Ministry of Economy and Commerce).

According to the National Statistical Committee, as of 1 January 2025 the number of officially employed individuals in the Kyrgyz Republic amounted to 2,656,200. The number of state labour inspectors in the Kyrgyz Republic today is only 28 full-time units. On average, each inspector is responsible for 100,000 workers. At the same time, in the countries of the Commonwealth of Independent States (Russian Federation, Kazakhstan, Uzbekistan, Tajikistan), on average, each inspector is responsible for 30,000 workers. Due to restrictions on inspections by the Service of all business entities during the period of reorganization of executive authorities, there has been an increase in violations of workers’ labour rights (illegal dismissal, non-payment of wages and vacation pay). The number of industrial accidents, including fatal ones, has also increased, as has informal employment. In addition to considering applications, inspectors of the Service also investigate industrial accidents with severe and fatal outcomes. Furthermore, labour inspectors are entrusted with the function of monitoring the mandatory insurance of the employer’s civil liability for harm caused to the life or health of an employee during the performance of their labour (official) duties. Currently, the Government is considering the issue of increasing the number of state labour inspectors.

Also, based on section 14 of the Law on Trade Unions, section 239 of the Labour Code, and section 19 of the Law on Labour Protection, and the Regulations on the Technical Labour Inspectorate of Trade Unions of Kyrgyzstan, approved by Resolution No. 15-1 of the Presidium of the Council of the Federation of Trade Unions, dated 27 May 2011, trade unions exercise public control over compliance with labour legislation and other regulatory legal acts containing labour law norms. To carry out this function, legal and technical labour inspectorates of trade unions are created, the powers of which are defined in the relevant laws and regulations on trade unions. Obstruction in any form of the lawful activities of workers’ representatives is prohibited.

Discussion by the Committee

Chairperson – I have the honour to invite the honourable Government representative of Kyrgyzstan, Ambassador, Permanent Representative of Kyrgyzstan to the United Nations Office at Geneva, to take the floor.

Interpretation from Russian: Government representative – I would like to discuss the introduction of a temporary moratorium on inspections in enterprises, and at the outset, I would like to clarify that this measure was taken in order to eliminate or reduce any unfounded excessive interference from government entities in the activities of entrepreneurs or enterprises.

In addition to slowing down the socio-economic development in our country, such unfounded excessive inspections had inherent corruption risks and paralysed the work and activities of businesses, as a result of which, it was first and foremost the workers of these businesses that suffered – not business people, not representatives of the private sector. It was the workers who suffered. They were the primary victims of such excessive unsubstantiated and arbitrary inspections.

In this regard, it is also important to note, as I mentioned previously, that this measure was of a temporary nature, and it was expected to be lifted once the socio-economic situation stabilized.

The goal was to support small and medium-sized enterprises (SMEs). However, the particularities of this issue are the following: by supporting SMEs, the State was first and foremost supporting those workers that were involved in this sector. They are the main beneficiaries of the development of SMEs. Moreover, it is also important to emphasize that unscheduled inspections, especially when there is a threat to the life or health of workers, continued to be carried out throughout this entire period, throughout the duration of this moratorium. Therefore, this is how we ensured operational reactions to critical situations.

The mechanisms continue to work in order to maintain the balance between the interests of workers and businesses and entrepreneurs, even during the moratorium period.

From 1 January 2025, we lifted this temporary moratorium, and fully resumed not just unplanned inspections, which continued during this period, throughout the entirety of 2024, despite the moratorium, but also scheduled inspections on occupational safety and health (OSH). One of the main achievements was the annulment of the need for an obligatory notification of inspections ten days prior to the beginning of a planned inspection. Currently, scheduled inspections on OSH and the respect for sanitary health standards and food security take place without notification, which is in full alignment with the provisions of Article 12 of the Convention.

Moreover, should there be any threats to the health or lives of citizens, unscheduled inspections can take place without written orders, should there be notification from the relevant entity within seven days.

Unscheduled and scheduled site visits/inspections are carried out by state labour inspectors, in accordance with Kyrgyz legislation and international commitments, specifically here referring to the Convention. At the same time, there are also aspects that must be improved. We need to increase the number of labour inspectors and, in this regard, Kyrgyzstan expresses its gratitude for this fruitful cooperation with the ILO. We highly appreciate the ILO’s contribution to the promotion of decent work, social dialogue and the respect of international labour standards. We highly appreciate the ILO’s contribution to the promotion of decent work, social dialogue and the respect of international labour standards.

With a view to further strengthening partnerships and the efficient implementation of our priorities in labour and employment, the Kyrgyz Republic would like to request technical assistance and to sign a Decent Work Country Programme. Signing such a programme would facilitate our systematic resolution of these issues and promotion of key issues in employment, thereby improving work conditions and ensuring sustainable development in accordance with international commitments. We very much hope to see a continuation of this constructive cooperation with the ILO, and we express our willingness and readiness to actively participate in the development and implementation of a Decent Work Country Programme.

Worker members – Even though the examination of the case of Kyrgyzstan concerns the Labour Inspection Convention, 1947 (No. 81), we cannot address this case without mentioning the difficult context prevailing in Kyrgyzstan with regard to the exercise of fundamental freedoms such as the freedom of expression, freedom of assembly and freedom of association. Trade unionists have been imprisoned, their possessions confiscated by the authorities, and trade unions are subject to interference by the authorities in their internal affairs, as evidenced, for example, by the forced replacement of the leadership of the Kyrgyzstan Federation of Trade Unions (FPK). Compliance with international labour standards cannot be guaranteed when a State does not ensure an environment conducive to the exercise of basic democratic rights and freedoms. We regret to note that such guarantees do not currently exist in Kyrgyzstan.

Inspection services are a vital public function, ensuring the promotion of decent working conditions and respect for fundamental principles and rights at work. To fulfil this mission, inspection services must be provided with an appropriate legal framework and resources commensurate with the importance of their mission. Unfortunately, we note that the inspection services do not enjoy all these guarantees in Kyrgyzstan.

The first striking factor is the extremely low number of labour inspectors. According to the latest information provided by the Government, there was the equivalent of 28 inspectors working full time. This low number does not allow for proper monitoring of citizens’ rights at work or for preventive measures to be taken. The Government itself indicates that violations of workers’ rights have increased. The number of industrial accidents has also increased, as has informal work.

The territory that certain inspectors are required to cover is so large that they do not have time to perform their duties fully. Furthermore, illegal practices such as forced labour and trafficking in persons are not dealt with by the inspection services. The lack of human resources already prevents the inspection services from functioning properly. It is positive to note that the Government is considering increasing the number of inspectors. This should not only be considered but also be implemented in practice.

The legal framework within which the inspection services have to operate in Kyrgyzstan also has many shortcomings.

The most contentious issue is the moratorium imposed on inspections. A temporary ban on scheduled inspections was imposed in 2023. A Presidential Decree of 9 January 2024 introduced a new moratorium on scheduled inspections for the whole of 2024. The ILO supervisory bodies have repeatedly pointed out that moratoria on inspections contravene the provisions of the Convention and considerably weaken their effectiveness.

This moratorium nullifies the only positive element highlighted in the Committee of Experts’ report. Legislation had indeed taken a positive step forward with the amendment of section 6 of Law No. 72 of 2007, by no longer requiring scheduled inspections to be announced in advance. Unfortunately, the moratorium has suspended all scheduled inspections.

Furthermore, with a few exceptions, inspectors are still required to obtain prior official authorization from the Ministry of Economy and Commerce before conducting an unscheduled inspection.

The Committee of Experts’ report highlights further limitations on the powers of the inspection services provided for by Law No. 72 of 2007:

• limitation of the frequency of inspections according to the risk profile of enterprises;
• limitation of the scope of inspections;
• limitation of inspections to working hours;
• limitation of the possibility of imposing penalties.

However, Articles 12 and 16 of the Convention provide that inspectors must be able to enter freely and without previous notice, at any hour of the day or night, any workplace liable to inspection. Workplaces must be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. All the restrictions mentioned above cannot be in line with these requirements.

Furthermore, inspectors may be dismissed if a court does not confirm the existence of a violation detected by an inspector and finds that the inspector has committed an error.

While cases relating to personal safety and health are among the exceptions where prior authorization from the competent authority is not required for carrying out an inspection, the Committee of Experts’ report points out that the lack of information on measures having immediate executory force to ensure the safety and health of workers makes it impossible to ascertain whether the legislation of Kyrgyzstan is in conformity with Article 13(2)(b) of the Convention. The written information provided by the Government does not shed any more light on this matter.

As we have just seen, there are many reasons for concern regarding the ability of the inspection services to carry out their duties in Kyrgyzstan. The Committee of Experts already identified, in its 2019 general observation on the Labour Inspection (Agriculture) Convention, 1969 (No. 129), that a number of Member States which have ratified one or both of the labour inspection Conventions have implemented reforms that significantly weaken the inherent functioning of labour inspection systems. It noted that this trend was particularly evident in Eastern Europe and Central Asia.

Kyrgyzstan is no exception to this trend. Nevertheless, we hope that the Government will engage in constructive dialogue with the Committee, and with all the ILO supervisory bodies, in order to follow up on the recommendations made to it and thus improve the situation of the inspection services in both law and practice.

Employer members – First, let me start by thanking the Government of Kyrgyzstan for both its explanation just before and the information it provided in May to supplement the Committee of Experts’ report.

We would like to stress the importance of state compliance with the Convention. In fact, it is important for States to comply with all Conventions that are ratified, but here we are focusing on the Convention that was ratified by Kyrgyzstan in 2000. It has never been discussed before this Committee, but there have been observations in 2018, 2020, 2022 and 2024 consistently enough for the Committee of Experts to make this a double footnoted case.

In its latest observations, the Committee of Experts highlighted three major issues.

First, regarding the number of labour inspectors. According to the information provided by the Government, published in May this year, the situation is that the number of employed people in Kyrgyzstan is around 2.7 million people. However, there are only 28 full-time inspectors. That is about one inspector per 100,000 people. I think we would all agree that this is not enough.

The Committee of Experts noted that the labour inspection service is structured around a central office in two regions. That itself suggests that there is a stress on the system because there are too few inspectors across two large areas. The Committee of Experts further noted that the distances from places of permanent deployment to districts and the outskirts are very large and, therefore, inspectors do not have time to fully carry out their duties.

Moreover, there are numerous complaints from citizens about violations of labour rights and labour inspectors do not carry out inspections on forced labour and trafficking in persons due to the limited number of staff.

The Employer members would like to highlight that, according to Article 10 of the Convention, the number of labour inspectors shall be sufficient to secure the effective discharge of the duties of the inspectorate.

We note that currently the Government is considering the issue of increasing the number of inspectors and I would echo the Workers’ comments in this respect.

It is not just a matter of attending, but actually doing something here is really important. Therefore, we welcome the Government’s statement that it is working with the ILO in seeking to establish a Decent Work Country Programme that will take these things into account.

We have taken note that, currently, the Government is considering the issue of increasing the number of state labour inspectors. We appreciate these efforts, and we call upon the Government to take action to ensure that there is a sufficient number of labour inspectors in accordance with the Convention.

In that regard, we would also ask the Government to provide information on the measures taken to increase the number of labour inspectors – not just to say that they intend to – , specifically on what measures will be taken or planned to allocate a budget and to recruit and train a sufficient number of labour inspectors.

Second, regarding the moratorium on inspections, the Committee of Experts noted that a temporary ban on scheduled inspections was imposed between January and December 2023 and, according to the information provided by the Government, this was in effect a temporary ban on inspections of business entities which was in effect until 31 December 2024, and was again lifted in January this year.

We would like to highlight that Article 16 of the Convention provides that workplaces shall be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions.

So, while we note with concern that the moratorium was introduced, we do welcome the fact that it was lifted, but we will then also urge the Government to not impose any future moratoria as these are inconsistent with the requirements of the Convention.

Third, there are other limitations on the labour inspectorate. The issue of prior notice. According to Article 12(1) of the Convention, labour inspectors provided with proper credentials should be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection and to enter by day any premises which they may have reasonable cause to believe to be liable to inspection.

The Law on Inspections of Business Entities establishes the procedure for conducting inspections of business entities by authorized bodies. According to the information provided by the Government, the norm providing for notification of a scheduled inspection at least ten days before its commitments has been excluded from this law.

Thus, inspectors currently can conduct scheduled inspections for compliance with building codes and regulations, requirements for the production, storage, transportation and sale of food products, labour protection requirements and environmental safety requirements, without prior notification

In certain cases, for example, relating to ensuring people’s safety and health, inspections may be sudden and carried out without a written order. These changes came into force in January 2024.

The Employer members welcome these developments while noting that unscheduled on site inspections can only be carried out after agreement with the authorized body for business development, the Ministry of Economy and Commerce, according to section 575 of Law No. 72 of 2007.

To better understand the situation, the Employers’ group asks the Government to provide statistics regarding the number of inspections undertaken by labour inspections without previous notice as compared to inspection visits undertaken with prior notice as well as statistics on the number of penalties imposed and effectively enforced.

According to Article 16 of the Convention, workplaces have to be inspected as often and as thoroughly as is necessary to ensure the effective application of the law

The Committee of Experts noted that the following other restrictions provided for in Law No. 72 of 2007 actually remain in force:

• Regarding frequency, scheduled inspections should not be conducted more than once a year in workplaces considered to be at high risk and not more than once every three years in workplaces with an average degree of risk.
• Inspections should not be conducted in new businesses within the first three years of their operation.
• There are limitations to the scope of inspections, particularly in terms of the issues that can be examined.
• Inspections can only be carried out during working hours.
• Where a court does not confirm the existence of a violation as detected by an inspector, and where the court considers that this is the result of the fault of the labour inspector, the inspector is to be removed from office.
• Scheduled and unscheduled inspections are not intended to impose financial or other sanctions on businesses.

Taking into account these restrictions, the Employer members recommend that the Government ensure that inspectors are able to undertake inspections as often and as thoroughly as is necessary to ensure the effective application of the legal provisions in line with Articles 12 and 16 of the Convention. Furthermore, in line with Article 17 of the Convention, labour inspectors should be able to initiate or recommend immediate legal proceedings without prior warning where required.

Finally, we recommend that, in line with Article 18 of the Convention, adequate penalties for violations of the legal provisions enforceable by labour inspectors shall be provided for by national laws or regulations and effectively enforced.

Interpretation from Russian: Worker member, Kyrgyzstan – I would like to greet you on behalf of the Kyrgyzstan Federation of Trade Unions (FPK) and on behalf of the workers of Kyrgyzstan. The FPK currently includes 500,000 people. These workers are invested in events, for example, those carried out by the ILO. The FPK would like to express its gratitude to the ILO for this comprehensive review of the Convention. I believe we should remind all participants here, that the FPK was the initiator behind this request in 2023 on the implementation of this Convention.

We would like to thank you for these recommendations on improving the situation in the Kyrgyz Republic. We appreciate the role played by the ILO as an authoritative body that facilitates the promotion of global standards in the world of work and ensures social justice.

Recently, with tripartite involvement, we worked with the Ministry of Labour as well as the Employers’ group, and we carried out a lot of work in this area.

The FPK actively uses the tripartite mechanisms, and we are engaged in constructive dialogue with the Cabinet of Ministers in Kyrgyzstan in order to improve the system of labour inspections. The issue of ensuring state labour inspections, and providing inspectors with the necessary human resources and technical resources, especially in remote areas, was raised by the FPK.

The FPK has participated in consultations and initiated consultations with the Ministry, during which we achieved an understanding on the need to improve and increase the number of labour inspectors as well as reviewing the regional distribution of resources. I believe that this is a significant achievement in which employers, in particular, participated. We are currently addressing the issue of including this in the budget for 2026.

Based on the results of our dialogue with our social partners in 2025, it was decided to annul the moratorium, and the FPK participated in the discussion around this decision.

The FPK participates in the work and the working group on the review of legislation regarding regulation of labour inspection. Particular attention is paid to the issue of streamlining the process for receiving authorization to carry out inspections and improving the capacity and the authority of inspectors to carry out inspections, should there be threats to the life or health of workers.

We are also working on improving punitive measures and sanctions and ensuring that they are efficient, and on introducing standards for labour inspections, including those in the public sector. In order to implement this right, the FPK should note that we have taken advantage of the rights conveyed to us. We have increased our work with labour inspectors.

From 2024 to this day, inspections and reviews were carried out on the implementation of legislation in businesses that are part of the FPK.

We would like to note that, to date, we have covered approximately 20 per cent of the FPK’s organizations, and that is where our labour inspectors work.

Our main goal is to prevent any accidents at work, as the lives of our workers, the lives of our people, are the priority. This means that no economic measures taken for employers can justify the loss of a human life. This is why we are intensifying our work, and we can say, for example, that where previously only two workers were engaged in labour inspections, we have now increased that number to 20. We have done that over the last years.

The main goal of such work is to ensure that requirements under OSH legislation are respected, by analysing collective agreements, providing methodological support to trade union organizations, providing consultations to employers on issues related to respecting labour rights, as well as strengthening social partnership institutions and improving the culture in these enterprises

As we raise the issue of the application of the Convention, I would like to note that, currently, distinguished colleagues, not one single worker or participant in such movements is detained or imprisoned.

We have noted that, indeed, there is some turbulence in our country, but the situation is being resolved, and we provide all information on this situation. We have participated in meetings on this topic and have committed to providing written information regarding your concerns about the situations of our compatriots, our workers. Many of them are no longer detained. In fact, they are in leadership positions.

Reforms have been carried out and they were a necessity in order to improve the respect of labour laws and standards. As the Chair of the FPK, I can now state that there are no political issues related to the work of our Federation and the members of our trade unions and the trade union movement. We have been in fact discussing these economic issues properly. All investigations were concluded regarding the property of the chairpersons. Nothing was confiscated.

I would like to share with you a saying that we have, which is that it is best to see something once rather than hear it 100 times. And we would like to invite you to visit us, to pay a visit to our country so that you can see with your own eyes how the FPK is now engaged and carrying out its work.

I would like to reiterate to you once again our goal is to protect the rights of workers. Our priority is the worker and the workers’ interests that we are attempting to protect. We do not want to just increase in number. We want to protect the interests of our workers.

In conclusion, I would like to say that the FPK reiterates its full commitment to the provisions of the Convention, and we express our readiness to continue constructively cooperating with the ILO and, as this is a tripartite institution, we cooperate with our social partners, with the Government and the employers. We are convinced that, only through collective efforts, can we build an effective professional and independent labour inspection system that would be able to ensure that the rights of workers are respected and that there is justice in this sector, and thanks to our collective efforts, we can in real life, and not just on paper, protect the labour rights of our members.

Government member, Poland – I have the honour to speak on behalf of the European Union (EU) and its Member States. The candidate countries Montenegro, North Macedonia, Republic of Moldova and Ukraine, and the EFTA countries Iceland and Norway, members of the European Economic Area align themselves with this statement.

The EU and its Member States are committed to the respect, protection and fulfilment of human rights, including labour rights. We promote universal ratification and effective implementation of fundamental ILO Conventions and support the ILO in developing and promoting international labour standards and supervising their application.

Labour inspection, as provided for in the Convention, is key in promoting and safeguarding decent working conditions.

The EU and Kyrgyzstan signed an Enhanced Partnership and Cooperation Agreement with labour provisions in June 2024, advancing and strengthening cooperation with the country in key policy areas such as trade and investment, employment and social affairs.

Moreover, the Kyrgyz Republic became the first country in the region to receive EU trade preferences under the Generalised Scheme of Preferences Plus programme (GSP+), committing to the implementation of 27 core international Conventions, particularly on human rights and labour rights. Kyrgyzstan has a workforce of about 3 million people.

We note with concern the latest Government’s indications that there are currently only 28 labour inspectors and that the lack of staff impacts Kyrgyz regions unequally as, in some, there are only one or two inspectors in total.

We also note with deep concern the Government’s information regarding the increase in violations of workers’ labour rights and the increase in industrial accidents, including fatal ones. We regret that, due to the limited number of staff, labour inspectors do not carry out inspections on forced labour and human trafficking.

In line with the Committee of Experts’ recommendation, we urge the Government to ensure the effective application of the relevant legal provisions in all regions and to provide information on the measures planned or adopted to increase the number of labour inspectors. The effective functioning of the labour inspection system is crucial to ensure full realization of labour and other human rights in practice.

We took note of the Government’s written information from 19 May, in which it states that it is considering the issue of increasing the number of state labour inspectors. We share the Committee of Experts’ deep concern on the temporary ban on scheduled inspections imposed between January and December 2023 and on the renewed moratorium on labour inspections introduced in January 2024 until the end of 2024.

We would be interested to know the reasons leading to the Government introducing this moratorium, which is a serious violation of the ratified labour inspection Convention, and which can significantly weaken the enforcement of labour standards and workplace conditions.

We appeal to the Government to remove the multiple remaining restrictions and limitations on the powers of labour inspectors contained in Law No. 72 of 2007 in order to ensure that they are empowered to enter workplaces freely and without previous notice, to undertake inspections as often and as thoroughly as necessary, to initiate or recommend immediately legal proceedings without prior warning, and to ensure the effective enforcement of penalties for violations of the legal provisions as set out in the Code of Offences.

We therefore urge the Government of Kyrgyzstan to bring its national legislation into full conformity with the Convention. We encourage the Government of Kyrgyzstan to follow up on the request by the Committee of Experts to provide information and statistics in this regard.

Moreover, we appeal to the Government to take the necessary measures to bring its legislation into conformity with the Convention to ensure that orders requiring measures with immediate executive force may be issued by labour inspectors, and to ensure the safety and health of workers, particularly in case of imminent danger. We invite the Government to provide information on the number and content of these measures to the Committee of Experts.

The EU stands ready to support Kyrgyzstan with the aim of strengthening the Government’s capacity to address the issues raised with regard to meeting its obligations under the ratified Conventions.

Government member, Switzerland – Switzerland supports the statement delivered by the EU and wishes to make the following points. Switzerland would like to reiterate the key role played by labour inspection systems, provided that they are effective, in ensuring the respect and enforcement of legal provisions established by labour law. In this regard, labour inspection is a cornerstone of the implementation of fundamental principles and rights at work.

In this regard, Switzerland expresses its concern regarding the numerous practical, political and legal restrictions that undermine the proper functioning of the labour inspection system in Kyrgyzstan. With only 28 inspectors throughout the country, according to the figures provided by the Government in its latest report, the staffing situation is extremely critical. This drastically limits the capacity of inspectors to perform their duties. Due to a lack of resources, inspectors do not, for example, carry out inspections on forced labour or trafficking in persons. In addition to the lack of staff, two consecutive moratoria were implemented, which suspended all scheduled inspections from January 2023 to December 2024.

Switzerland therefore calls on the Government to take all necessary measures to ensure that the labour inspection system has sufficient staff and resources to carry out its functions properly, including ensuring the effective enforcement of penalties.

Worker member, Sweden – I am speaking on behalf of the workers in the Nordic countries. Labour inspection is an essential institution for enforcing labour rights. Its efficient functioning is central for the rule of law, the health and safety of workers, the sustainability of enterprises and the transition from an informal to a formal economy. Without an impartial and fair labour inspection equipped with enough staff and means to supervise labour and harsh legislation and to prescribe remedies, workers’ rights are hard to enforce. Especially when freedom of association is not guaranteed, and that is the case for Kyrgyzstan, which is in category 5, the worst category of the International Trade Union Confederation Global Rights Index.

Regretfully, many governments from newly independent States in the former Soviet Union seem not to understand the significance of the Convention for the entire labour rights system. Today, we are discussing this issue in Kyrgyzstan. We will discuss it in Uzbekistan later. We discussed it in Kazakhstan last year and Tajikistan several years ago. Referring to this region, the Committee of Experts in its general observation in 2019 expressed concern that some Member States had ratified the labour inspection Conventions but had taken measures that substantially undermine such inspections, all in the name of improving the investment climate and business environment. Some governments, including Kyrgyzstan’s, enact moratoria on labour inspections, and even if the Kyrgyzstan Government reports that the moratorium was not prolonged, there are no guarantees that a new moratorium will not be enacted.

We call on the Government to refrain from new moratoria. Our experience from the Nordic countries is that good working conditions, including a good working environment, lead to better results and contribute to increased productivity. That explains why many employers in our countries are involved in collective bargaining and care about labour inspections as well.

That is one of the reasons why it is so sad to learn that labour inspectors in Kyrgyzstan face restrictions in many different ways. The inspectorate itself is underfinanced and understaffed. Kyrgyzstan, with a workforce of more than 3 million workers, has only 28 labour inspectors. The inspectors are simply too few and lack the means to do their job.

The Government must adapt its national laws so that inspectors can carry out their work as often and as thoroughly as necessary to ensure compliance with the Conventions Kyrgyzstan has ratified. In addition, labour inspectors must be authorized to directly order measures to improve the safety and health of workers, to monitor compliance with these measures, to take legal action against those responsible for violations, and to impose penalties. All this is clearly identified by the Committee of Experts. We in the Nordic countries and the EU expect our trade partners to respect fundamental workers’ rights. Kyrgyzstan has received beneficial trade arrangements but fails to live up to its commitments to workers’ rights.

The detention of trade union leaders and the presence of security officers at trade union congresses is completely unacceptable. Freedom of association, the right to organize and bargain collectively, and the right to a safe and healthy working environment are interconnected fundamental rights at work and, in line with the Convention, labour inspection is a vital public function.

In its report, the Government recognizes certain shortcomings and indicates that it is discussing with social partners and lawmakers the necessary steps to improve the situation. We sincerely hope that the Government will take those steps.

Interpretation from Russian: Government member, Belarus – We would like to thank the delegation of the Kyrgyz Republic for providing detailed information on this issue. We welcome the progress made by the Government in the implementation of the provisions of the Convention. This country has developed and has a functioning effective system for the supervision and control of labour legislation with a view to ensuring that the interests of workers are protected. It is constantly being improved.

At the same time, measures are provided to prevent any unfounded interference in the work of businesses by the regulatory bodies. We appreciate that the Kyrgyz Republic has demonstrated that it is striving towards openness and transparency in the labour sector, which is reflected in the provision of information on labour relations and its public availability. We welcome the active tripartite dialogue with social partners, which ensures that all interested parties are able to participate in the formation and improvement of state policy on labour and employment.

The commitment of the Kyrgyz Republic to respecting international labour standards shows that the country is ready to implement universally recognized best practices in this area at the national level.

Interpretation from Russian: Worker member, Russian Federation – Russian trade unions support the efforts undertaken by Kyrgyzstan’s trade unions to align legislation and practical work of the state labour inspectorate with the Convention, in industry and commerce, with a view to ensuring its effectiveness when it comes to protecting the rights of workers.

In our view, considering that this is a key Convention, it is not only trade unions but also employers that should be interested in minimizing any violations of the rights of workers and in adhering to safe labour conditions and reducing cases of injuries at work. This is why we believe that employers are also interested in labour inspectors working efficiently.

At the same time, the Committee of Experts’ report shows that the number of inspectors is insufficient, as a result of which they are simply not able to quickly and effectively react to any workers’ complaints. In addition to that, the mechanism of moratorium was used in the interest of foreign investors to decrease and limit unscheduled inspections by labour inspectors. Currently, the process for carrying out scheduled inspections is also complicated. The basis for such inspections is restricted to threats to the life and health of workers, which means that labour inspections are unable to cover other rights. We would like to note how widespread such practices are in countries in our region, including my country, which justifies the attention paid by the ILO supervisory system.

Considering the aforementioned, we would like to call on the Government and Parliament of Kyrgyzstan to implement the recommendations of the Committee of Experts, including with regard to increasing funding and the number of inspectors of the national labour inspection services, as well as expanding the authority of these inspectors in order to fully align them with the commitments undertaken when ratifying the Convention. We also call on them to abandon this damaging practice of introducing moratoria on the work of labour inspections, which leads to loss of life and health of workers and does not protect the interests of investors.

Government member, United Kingdom of Great Britain and Northern Ireland – The United Kingdom has a long-standing commitment to protect workers’ rights through encouraging robust and adequately funded labour inspection regimes. We welcome the opportunity to discuss these important issues in this forum. The United Kingdom welcomes the amendment to section 6 of Law No. 72 of 2007 of the Kyrgyz Republic which permits planned inspections to be conducted without prior notice as provided for in the Convention.

However, despite such steps and in line with observations made by the FPK, we note that the Kyrgyz Republic remains non-compliant with the Convention and has been selected for discussion at this Committee.

Indeed, as noted by the Committee of Experts, there remain limitations in Law No. 72 of 2007 on the powers of inspectors, including but not restricted to the requirement for inspectors to obtain prior formal authorization before carrying out an unscheduled inspection, limits on the frequency of labour inspections and limits on the scope of inspections.

The Committee of Experts has also determined that there is an insufficient number of labour inspectors undermining the inspectorate’s ability to perform its duties effectively. We are also concerned by the renewed moratorium on labour inspections enacted by presidential decree, which appears to constitute a serious violation of the Convention.

The United Kingdom works closely with the Kyrgyz Republic right across multilateral Geneva and welcomes its steadfast commitment to international law and, therefore, encourages it to make every effort to comply with the Convention by removing these limitations. We also hope that the Kyrgyz Government will renew its commitment to ensuring that labour inspectors are sufficiently resourced by addressing funding and capacity issues. Working together with the ILO, we can create a safer and more equitable working environment for all our workers.

So, in conclusion, the United Kingdom encourages the Government of the Kyrgyz Republic to implement the recommendations of this report and meet its obligations under the Convention. We hope that the Government’s next report to the Committee of Experts will confirm the full implementation of the requested action and demonstrate further positive developments towards the effective functioning of the labour inspection system.

Government member, Kazakhstan – Kazakhstan expresses its support for the Kyrgyz Republic in its efforts to strengthen compliance with the Convention. We acknowledge the points outlined in the Committee of Experts’ report and commend Kyrgyzstan’s commitment to address them. The Republic of Kazakhstan recognizes the right of each State to independently develop its labour inspection systems in accordance with national socio-economic conditions and international obligations.

In our view, this approach ensures a balanced integration of universal ILO standards with country-specific contexts, fostering sustainable development and social stability. In this connection, we acknowledge the notable steps that Kyrgyzstan has taken to align its labour inspection system with the Convention, including the lifting of the temporary ban on business inspections. These actions demonstrate political will and the commitment to strengthen oversight of labour law compliance. We view Kyrgyzstan’s efforts as an important contribution to protecting labour rights, ensuring safe working conditions and promoting social dialogue.

Observer, International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) – The right to a safe workplace is a fundamental human right in the field of work and in labour relations. It actually occupies a key position in the system of labour standards because it is essentially about protecting and saving lives. Two institutions can guarantee safety and health in the workplace. These are the state labour inspectorate and free and effectively functioning trade union organizations. In relation to occupational health and safety, the tasks of both are to identify and eliminate occupational hazards and risks in close cooperation where possible. Unfortunately, we know that this system of health and safety protection has seriously degraded in all the countries of Eastern Europe and Central Asia. It has led to a decrease in the value of human life and increase in statistics of injuries and accidents at work, including fatal ones.

We therefore commend the Government of the Republic of Kyrgyzstan for providing information to the Committee and for its stated willingness to cooperate with the ILO. We hope that this will be the first step that will reverse the negative development and will be followed by other steps aimed at creating a holistic and effective system of safety at work. At the same time, we would like to note that in the context of the Kyrgyz Republic, this will require significant effort because it is a matter of the need to seriously change people’s attitude to the issue of their own safety. It is also necessary to create a system of employer responsibility that encourages investment in safety in the workplace. Experience shows that only punitive measures on the part of the State do not lead to positive results. On the contrary, they can encourage corruption in the workplace safety system.

But that is what the Government report seems to be focusing on, not making an effort to consider positive motivation measures for employers and workers, and not considering the promotion of social dialogue on issues related to health and safety. Another factor that cannot be overlooked in the creation of an effective occupational safety system is the presence or absence of freedom of association. In an atmosphere of mistrust of state authorities and the absence of truly independent workers’ organizations, it is impossible to ensure the elimination of hazards and occupational risks. And here it should be noted that the space for freedom of expression, peaceful assembly and association in Kyrgyzstan has been significantly reduced in recent years.

In particular, the authorities have intensified efforts to suppress all forms of public criticism despite substantial and well-founded objections from civil society and international nongovernmental organizations. Journalists and civil rights activists critical of government policies have faced increased media attacks, arbitrary detention, harassment and unfair trials. The authorities use a very broad definition of political activity to restrict the right to freedom of association. Trade unions have also come under pressure from government authorities, as was recorded in the complaint to the Committee on Freedom of Association registered under Case No. 3386.

The situation in Kyrgyzstan was the subject of discussion at our 28th IUF Congress in 2023 where the delegates from different countries of the world expressed concerns about legislative initiatives restricting trade union rights in Kyrgyzstan. But this situation became worse in the following period. Between November 2023 and spring 2024, six elected trade union leaders were placed under arrest, each of them for several months.

The reasons for this arrest are still unclear and we believe this is a serious reason for us to express concern about the compliance of the country with fundamental ILO Conventions, especially the Convention on Freedom of Association and Protection of the Right to Organise, 1948 (No. 87), and the Convention on the Right to Organise and Collective Bargaining, 1949 (No. 98), which are enabling instruments to enforce international standards, including on health and safety at work.

We call on the Government to provide explanations on the reasons for the arrests of the trade union leaders. This should be publicly explained as a necessary step to enable trade unions to function in an atmosphere free of fear of interference and to construct a safe and healthy environment in the workplace.

Observer, IndustriALL Global Union – I am speaking on behalf of IndustriALL Global Union, which has three industrial affiliates in Kyrgyzstan. Although the moratorium reported by the Committee of Experts was lifted earlier this year, we are concerned about the Government’s continued practice of imposing temporary bans and restrictions on scheduled inspections, which remains unacceptable. Likewise, other limitations on the scope and functioning of labour inspections as highlighted by the Committee of Experts are also unacceptable.

Nevertheless, we welcome the lifting of the last moratorium, and we expect the Government to take further steps to ensure that labour inspections are conducted as regularly and as thoroughly as necessary to achieve the effective application of legal provisions, in compliance with Article 16 of the Convention.

The Government should also address immediately the insufficient number of labour inspectors. There are currently 28 labour inspectors to service 2.6 million workers in a country which is mostly mountainous with many areas of difficult access. Therefore, we call on the Government to increase the number of labour inspectors, allocate sufficient means to implement their job and ensure that all regions are covered.

The Government should also implement all recommendations, as stated in the last report of the Committee of Experts, to bring its national legislation into full conformity with the Convention, thus removing the multiple remaining restrictions on the powers of inspectors, enabling inspectors to initiate or recommend immediate legal proceedings without prior warning and ensuring the effective enforcement of penalties for violations of the legal provisions enforceable by labour inspectors as set out in the Code of Offences.

We call on the Government to seek the assistance of the ILO to implement the necessary legal changes and to accept a direct contacts mission to facilitate tripartite dialogue in the application of fundamental labour standards.

Even though we expressed satisfaction at the liberation last year of Eldar Tadjibaev, the Chairperson of the Mining and Metallurgy Trade Union of Kyrgyzstan, which is affiliated with the IndustriALL Global Union, and we understand the charges against him were dropped and he was able to return to his position, we call on the Government to ensure the full respect of fundamental labour rights as enshrined in Conventions Nos 87, 98 and 81. Freedom of association, the right to organize and collective bargaining, and the right to a safe and healthy working environment, are interconnected fundamental principles and rights at work.

Observer, Building and Wood Workers’ International (BWI) – The BWI represents workers in construction, building materials, wood and forestry – sectors where the effective functioning of labour inspection systems is not a formality but a matter of life and death. For workers in these high-risk industries, compliance with the provisions of the Convention is not only a legal obligation but an essential requirement for protecting their health, safety and fundamental rights.

As outlined in the Article 2 of the Convention, the purpose of labour inspection is to enforce legal provisions related to conditions of work and the protection of workers. Additionally, Article 5 of the Convention mandates that the competent authorities should take appropriate measures to promote cooperation between labour inspectors and employers and workers or their representative organizations.

However, the effective application of these Articles is impossible without genuine and meaningful social dialogue between the government, employers and workers. And such dialogue cannot exist in an environment where freedom of association is not fully respected. Recent developments within the FPK, including its branch unions and affiliates of the BWI, between late 2023 and early 2024, during which six trade union leaders were detained and others stepped down from their positions, have raised concerns about the current environment for trade union activity in the country. The BWI encourages the Government to reaffirm its commitment to fundamental labour rights, particularly to freedom of association, as upheld by international standards and the nation’s own constitution.

Labour inspection systems are not merely an administrative tool. They are vital public institutions. When they are unfunded, legally constrained or unable to operate independently, they fail to protect workers from exploitation, unsafe conditions and rights violations. Their effectiveness is fundamentally linked with the broader respect of international standards, particularly the fundamental rights guaranteed by Conventions Nos 87 and 98 on freedom of association and collective bargaining.

Therefore, in addressing the situation in Kyrgyzstan and addressing compliance with the Convention, the ILO should place particular emphasis on the necessity of adhering to Conventions Nos 87 and 98. Ensuring these rights are essential to restoring the integrity and effectiveness of labour inspection, and to safeguarding the lives, health, and dignity of workers across BWI sectors and beyond.

Interpretation from Russian: Government representative – I am very pleased to align myself not just with the words spoken but every letter contained in the statement of our distinguished colleague from Kazakhstan who, I note with great pleasure, was able to clarify the specificities of the situation in Kyrgyzstan, comparing, for example, the conditions or the context of situations in all countries in the region. I am referring specifically to Central Asia. In order to respond to the questions that were voiced during our discussion, I would like to make a few clarifications.

Again, if we were to go back to the statement by our colleague from Kazakhstan, the majority of these issues are of an objective nature, and I believe that is why certain questions were addressed not just to us but to other countries in the region and I believe that is why the Employer members called Kyrgyzstan Kazakhstan three times. In fact, we are delighted to be confused with our brotherly, neighbourly nation and I believe that such an approach where everyone is grouped together, shows a certain lack of understanding of the facts and I will explain why I have this impression, an impression that is now a conviction in fact.

I would like, on behalf of Kyrgyzstan, to invite these critics of our country to pay us a visit and see the changes that are currently underway, that have been underway since the peaceful revolution of 2020. I invite you to pay us a visit and see what we are doing, what measures we are taking, and I would like to share a few facts with you.

Over the last three years, the volume of tax contributions to the budget of Kyrgyzstan has increased threefold and the volume of customs contributions has increased fourfold. Our economy, although it is growing at a rate faster than 10 per cent, cannot provide for such a level of contributions to the budget and that is why this is a result of our actions in combating organized crime and corruption. As a consequence, our country is able to increase wages and pensions.

At the World Health Assembly, which recently concluded, we noted with great pleasure that last year alone wages increased by 50 per cent for all medical professionals. With regard to the baseless accusations that are related to freedoms or rights, I agree with our colleague. Once again, I would like to invite you to pay us a visit.

Then we also heard certain accusations – in fact, the only word we can use for this is accusations – regarding forced labour and trafficking in persons, but there has not been a single case of forced labour in our country. No official registered cases. I would like to request the Worker members to provide us with this information, should they somehow be in possession of it. I am not saying that the Labour Code prohibits forced labour. I am saying that we have no such information. There are no statistics, no data on this. There is no such phenomenon in our country.

Next is the statement by distinguished representative of Poland on behalf of the EU, which contained a request to provide clarifications on the moratorium of 2024. In my introductory remarks, I believe I sufficiently clearly explained the reasons for this moratorium in detail. The reasons for the moratorium are not or were not to impede or attack the rights of workers. Quite the opposite. The only reason behind the moratorium was related to combating corruption in regulatory or supervisory bodies. Once again, I would like to explain that corruption in these control mechanisms, the bodies and authorities that handle these, leads to the impingement or infringement of the rights of workers.

We believe that Kyrgyzstan’s logic behind introducing this moratorium is quite clear and, in that regard, I would warmly welcome the comments from the representative of Switzerland who emphasized, that without sufficient resources, the labour inspection system itself cannot effectively carry out its work. I referred to that in my introductory comments.

We request and we are suggesting that we sign a Decent Work Country Programme with a view to expanding technical assistance to the Kyrgyz Republic. That is what we request and recommend.

When it comes to the questions from the Worker members and our colleague from Sweden, as well as the representative of the IUF, regarding criminal cases against the former leadership of trade unions, the former leadership of the trade unions unfortunately found itself mired in corruption. They forgot for whom and for what they existed and whose contributions or whose fees with which they were leading luxurious lives.

The State, through law enforcement and the court system, was forced after numerous complaints from regular members of these trade unions, to activate mechanisms through which the courts handled these investigations and these issues. As a result, none of these figures were imprisoned. Six were detained and the majority of these people who found themselves mired in corruption when they returned the funds stolen from the workers, were all released.

Moreover, several of them are once again active in the trade union sector. This is thanks to our independent judicial system, and those who were able to prove their innocence and their non-involvement in the misappropriation or abuse of funds that took place under the previous leadership of the trade unions, were able to resume their activities in the area.

In conclusion, I would like to close my statement by once again reiterating that the moratorium, which was active last year, was an emergency measure and was a temporary measure that was introduced in order to protect the rights of workers and to resolve or prevent the results of the corruption of certain figures in this area. I wanted to explain very quickly why this moratorium was introduced last year and the reason for it.

Once again, I would like to extend an invitation to you to visit Kyrgyzstan. I would like to invite the Worker, Employer and Government members, those of you who are genuinely interested in finding out what the situation is and the situation that we are currently discussing, you are most welcome. We invite you to Kyrgyzstan. Our doors are open for you. We will welcome you and explain to you, show you why and for which reasons we are unable, for example, to fully meet certain commitments currently.

Once again, the work in which we are engaged in our country to eliminate corruption and organized crime results in certain innovations that certain members of our Cabinet may consider to be an infringement of rights or the non-fulfilment of commitments by Kyrgyzstan and that is why once again I would like to extend to you a warm welcome to Kyrgyzstan.

Employer members – First let me thank the Government and my apologies for my earlier error. I would also like to thank the other speakers that have spoken. There have been a number of things talked about. I have to say some of those were a bit off-piste in the sense that we are here to talk about labour inspection, but we have heard about a number of other areas as well. So, when we get to the conclusions obviously, we need to make sure we come back to focus.

We just reiterate what I said earlier, which is that the Convention is a governance priority Convention, and we stress again that we condemn any non-compliance relating to the application of ratified Conventions in general and here, as we have heard, labour inspection is a critical piece of the functioning of an effective and efficient labour market and the rule of law. A rules-based system requires an effective labour inspection system to function properly.

In light of the Committee of Experts’ observations in today’s discussion, we would simply like to recommend the following.

First, we would call upon the Government to ensure that there are a sufficient number of labour inspectors in line with Article 10 of the Convention, and furthermore, the Government should provide information on measures planned or taken to increase the number of labour inspectors, and on the budget allocation for labour inspection services.

Second, we would ask the Government to provide statistics regarding the number of inspection visits undertaken by labour inspectors without previous notice as compared to inspection visits undertaken with prior notice, as well as statistics on the number of penalties imposed and effectively enforced.

With these actions, we also note that we heard the Government’s explanation of its reasons behind the moratorium, and we applaud the fact that this moratorium was not a permanent one. It has been lifted. But if these measures that we have recommended are taken, that should alleviate the need for any other emergency measures involving a moratorium, and we would urge the Government not to take those sorts of measures again in the future.

Lastly, we would recommend that the Government bring national law and practice into line with Articles 12, 16, 17, 18 of the Convention. In all of these things, we count upon the cooperation of the Government to implement all of these recommendations, and we urge the Government to take advantage of the assistance afforded by the ILO as they may find useful.

Worker members – We thank the Government representative for the written and oral information submitted to our Committee. We have heard, during our discussions, that the exercise of fundamental freedoms such as the freedom of expression, assembly and association, are particularly difficult in Kyrgyzstan. Trade unionists have been imprisoned, their possessions have been confiscated by the authorities, and trade unions are subject to interference by the authorities in their internal affairs. Our Committee is bound to recall that restoring the guarantee of the exercise of these freedoms is fundamental for compliance with international labour standards.

The same applies for compliance with the Convention. We have observed several shortcomings in this respect.

It is with deep concern that we note that the Government reintroduced a moratorium on labour inspections in 2024, which constitutes a serious violation of the Convention.

The persistence of other restrictions, particularly those contained in Law No. 72 of 2007, on the competencies of labour inspectors, considerably reduce the capacity of the labour inspectorate to effectively carry out its duties.

For this reason, we consider that it is vital for the Government to take measures within the pre-established time limits in order to restore compliance in law and in practice with the Convention.

We therefore invite the Government to guarantee a sufficient number of labour inspectors so that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the legislation. The territorial coverage of inspection services is also fundamental to ensure that all regions of the country can be covered by labour inspection. It would be useful for the Government to provide information on the measures envisaged or adopted to increase the number of labour inspectors.

It would also be useful for the Government to provide information on the budget allocated to inspection services.

The moratoria on inspection services must be lifted without delay and the Government must refrain from reintroducing such moratoria in the future. The Government must also ensure that labour inspectors have the capacity to carry out inspections as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, in conformity with Article 16 of the Convention.

The Government must also ensure that its legislation complies with Article 12 of the Convention by removing the multiple restrictions on the competencies of labour inspectors.

It is also paramount for labour inspectors to prompt or recommend legal proceedings without prior warning, where required, in accordance with Article 17 of the Convention.

The Government must effectively enforce the penalties imposed for violations of provisions of the Criminal Code relating to the remit of labour inspectors, in accordance with Article 18 of the Convention.

The Government must provide statistics on the number of inspections carried out by the inspection services without prior warning, compared with inspections conducted with prior warning, as well as the number of penalties imposed and effectively enforced.

The Government must ensure that the inspection services can take measures with immediate executory force in the event of imminent danger to the health or safety of the workers, in accordance with Article 13(2)(b) of the Convention. In this regard, we request the Government to provide information on the number of injunctions per year for immediate measures issued by labour inspectors, and also to indicate the reason for these injunctions and their outcome.

We request the Government to receive an ILO direct contacts mission and to provide the Committee of Experts with full information, by 1 September 2025, on the measures taken to implement our Committee’s recommendations.

Conclusions of the Committee

The Committee took note of the written and oral information provided by the Government and the discussion that followed.

The Committee noted with deep concern the re-introduction of a moratorium on labour inspections for the year of 2024, which represents a serious violation of the Convention.

The Committee also noted the persistence of other limitations, contained in Law No. 72 of 2007, to the powers of inspectors and the insufficient number of labour inspectors, which significantly undermines the inspectorate’s ability to perform its duties effectively.

Taking into account the discussion, the Committee urged the Government to take effective and time-bound measures to:

• ensure that there is a sufficient number of labour inspectors so that workplaces can be inspected as often and as thoroughly as necessary to ensure the effective application of the relevant legal provisions;
• provide information on the measures planned or adopted to increase the number of labour inspectors;
• ensure that all regions are covered by the labour inspectorate;
• provide information on the budget allocation for labour inspection purposes;
• act promptly to eliminate the moratorium on inspections and to ensure that labour inspectors are able to undertake labour inspections as often and as thoroughly as is necessary to ensure the effective application of the legal provisions, in compliance with Article 16 of the Convention;
• bring its national legislation into full conformity with Article 12 of the Convention by removing the multiple remaining restrictions on the powers of inspectors;
• ensure that inspectors are able to initiate or recommend immediate legal proceedings without prior warning, where required, in conformity with Article 17;
• ensure the effective enforcement of penalties for violations of the legal provisions enforceable by labour inspectors as set out in the Code of Offences, in conformity with Article 18;
• intensify its efforts to bring the national legislation into conformity with Article 13(2)(b) of the Convention;
• provide all pending information requested by the Committee of Experts.

The Committee requested the Government to avail itself of ILO technical assistance.

The Committee also requested the Government to provide a detailed report on the measures taken to implement the above recommendations before 1 September 2025.

Chairperson – I invite the Government representative of Kyrgyzstan to take the floor.

Another Government representative – On behalf of the Government of the Kyrgyzstan Republic, I wish to express our appreciation to the Committee for its important work and continued commitment to the values and mechanisms of the ILO supervisory system. We thank the Committee for the time and attention devoted to examining the case of Kyrgyzstan under the Convention. We reaffirm our full respect for the mandate of this Committee and reiterate the readiness of the Kyrgyzstan Republic to engage in a constructive and transparent dialogue with the ILO supervisory bodies.

As a Member State, Kyrgyzstan takes seriously its obligations under the ratified Conventions and remains committed to strengthening its national labour inspection system in line with international standards.

At the same time, we firmly believe that it is in the best interest of all parties involved and of the ILO system as a whole that discussions within this Committee remain focused on issues that are directly relevant to the application of the Convention under review.

We must avoid the conflation of unrelated matters that fall outside the scope of the Convention and that risk diverting attention from the real substance of compliance and improvement.

We are confident that the dialogue between the Government and the ILO will continue in a spirit of mutual respect, clarity and genuine cooperation. Let us remain guided by the shared objective of strengthening labour rights and protections in a manner that is fair, objective and anchored in the legal framework of the ILO.