Observación (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Convenio sobre la libertad sindical y la protección del derecho de sindicación, 1948 (núm. 87) - Kirguistán (Ratificación : 1992)

The Committee takes note of the observations of the International Trade Union Confederation (ITUC) received on 17 September 2024, raising issues examined by the Committee below and similar observations received on 2 September 2025. The Committee notes the Government’s reply thereon.

The Committee recalls that it previously noted the information outlined by the Government regarding the process of the labour legislation inventory undertaken by the Ministry of Labour and Social Development, as per Presidential Order No. 26 of 8 February 2021, with a view to bringing the legislation into conformity with ratified Conventions. The Committee requested the Government to take the necessary measures to ensure that the Federation of Trade Unions of Kyrgyzstan (FPK) was included in that process with a view to ensuring that any amendments to the Law on Trade Unions in force or any new proposed draft Law on Trade Unions were subject to full and meaningful consultations with the social partners and that any new legislative provisions affecting trade union rights were in full conformity with the Convention. The Committee notes the Government’s indication that the Law on Trade Unions of 1998 remains in force and that currently, there is no draft law aiming to replace it. It adds that the temporary committee of deputies established to study the enforcement of the Law on Trade Unions has been dissolved.

The Committee recalls that the ITUC and the FPK had previously alleged reprisals against FPK leaders and interference in its financial activities, thereby paralysing its work. The Committee notes that in its 2024 observations, the ITUC alleges that the Government has engaged in a defamation campaign against independent unions in the country and actively supported the creation of yellow unions. The Committee notes in this respect that the Government acknowledges an instance of an illegal establishment of a city trade union on the order of a former mayor of Bishkek. The Committee requests the Government to comment on the ITUC allegations and to clarify the current standing of the illegally established union.

The Committee notes the ITUC allegation that criminal investigations were conducted into the FPK financial activities of the last decade. The ITUC also alleges that on 28 November and 6 December 2023, trade unionists were arbitrarily detained for several weeks, charged with offences such as “corruption”, “creating threats to the interests of society and the State” and “causing serious harm”, as part of the Government-led fear campaign conducted by the State Committee for National Security, which effectively dismantled the FPK’s central leadership. On 28 December 2023, a criminal court extended their detention until 28 February 2024. Following these arrests, law enforcement reportedly used intimidation and threats of further arrests to pressure all union chairs into resigning. By the end of December, leaders of FPK-affiliated branch unions had simultaneously submitted resignations, and on 29 December 2023, the FPK Council voted, presumably under State pressure, to transfer FPK-owned health centres for temporary use by the Presidential Administration under a Presidential Order dated 22 November 2023. With no alternative, the FPK convened its Congress on 15 February 2024. During the Congress, the State security committee allegedly established an office within the union building, and the FPK Congress voted a change of the leadership without opposition. The ITUC sees it as a takeover by the authorities, as none of the new leaders had previously had any role in the trade union movement. Under the supervision of state security officials, similar leadership changes reportedly occurred across all FPK-affiliated sectoral unions. While the previously detained leaders were released and placed under house arrest, the ITUC points out that although charges were suspended, they could be reactivated at any time. The Committee notes the Government’s indication that the detention of trade union leaders, which ended in February 2024, was solely related to the investigation in relation to their involvement in the economic activities of the FPK. Furthermore, the Government explains that the FPK’s property has been preserved as trade union property, although some were transferred for a five-year term to the Presidential Administration for major reconstruction and repair works and that efforts are under way, with the support of national law enforcement and judicial authorities, to return to the State the FPK property that was illegally sold. The Committee notes in this respect Presidential Order No. 319 of 22 November 2023 on taking measures for the effective management of activities aimed at improving health of workers, the stated aim of which 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 Order 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. The Order 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 bring the existing health resort and tourist facilities up to modern standards.

The Committee further notes that the ITUC alleges serious erosion of the right to peaceful assembly and reports that, since March 2022, a series of court rulings have progressively restricted peaceful gatherings in central Bishkek, prohibiting assemblies that the authorities considered of a “political nature”, while allowing State-organized rallies. In September and October 2023, the courts imposed similar blanket restrictions on protests in central public places in the city of Uzgen and Chon-Alai district in the Osh region. The Committee recalls that workers’ and employers’ organizations should have the right to organize their activities in full freedom and to formulate their programmes with a view to defending the occupational interests of their members, while respecting the law of the land. This includes, in particular, the right to organize protest actions, as well as certain political activities (such as expressing support for a political party considered more able to defend the interests of members). The authorities should refrain from any interference which would restrict freedom of assembly or impede the lawful exercise thereof, provided that the exercise of these rights does not cause a serious and imminent threat to public order (2012 General Survey on the fundamental Conventions, para. 115). The Committee requests the Government to provide its comments on the ITUC allegation.

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