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Minimum Age Convention, 1973 (No. 138) - Kyrgyzstan (RATIFICATION: 1992)

Other comments on C138

Observation

Direct Request

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Article 1 of the Convention. National policy and application of the Convention in practice. The Committee notes the indication provided by the Government in its report concerning the elaboration of a draft Program for the Protection of Children for 2023–26 and a plan for its implementation. The Government also indicates that the draft plan contains measures aimed at the elimination of child labour, including awareness-raising activities. The Committee further observes that according to the 2020 publication of the National Statistical Committee of Kyrgyzstan “Monitoring of the Sustainable Development Goal Indicators in the Kyrgyz Republic”, the percentage of children aged 5–17 years engaged in child labour amounted to 26.7 per cent in 2018. The Committee notes with concern, from the same publication, that the largest proportion of children engaged in child labour is in the 5–11 years age group (27.9 per cent) in comparison with the 12–14 years age group (23.3 per cent) and the 15–17 years age group (26.6 per cent). While noting some measures taken by the Government, the Committee strongly encourages the Government to step up its efforts to ensure the progressive elimination of child labour in the country. The Committee requests the Government to provide information on the concrete measures taken in this regard, particularly within the framework of the Program for the Protection of Children for 2023–26, and the results achieved. It further requests the Government to provide information on the application of the Convention in practice, particularly updated statistical data on the employment of children and young persons by age and gender.

Article 2(1). Scope of application and labour inspection. The Committee previously requested the Government to ensure the protection of children in the informal economy and children working on family farms, including by strengthening the labour inspection services. In this respect, the Government refers to the establishment of the Service for Control and Supervision of Labour Legislation (the Service) in 2021. According to the Government, labour inspectors of the Service annually conduct inspections of all enterprises and organizations, regardless of the form of ownership, to ensure compliance with labour legislation relating to the labour of young persons and children. In addition, labour inspectors of the Service, together with officials of district departments of internal affairs and social workers, carry out inspections to detect cases of child labour. The Committee, however, notes the Government’s indication that labour inspectors are not entitled to carry out unannounced inspections since an employer shall be warned in writing about the inspection at least 10 days in advance. Therefore, according to the Government, even in the presence of the use of child labour, by the time of the scheduled inspection, the facts of child labour are almost impossible to detect. Referring to its detailed comments under the Labour Inspection Convention, 1947 (No. 81), on the various limitations and restrictions of labour inspection, the Committee urges the Government to intensify its efforts to strengthen the capacities of the labour inspectorate in order to effectively monitor and detect cases of child labour, including in the informal economy and on family farms. It requests the Government to provide information on the steps taken in this regard and the results achieved.

Article 7. Light work. The Committee notes with regret the absence of information in the Government’s report concerning the measures taken to determine light work activities permitted for children aged 14–16. The Committee urges the Government to take the necessary measures, without further delay, to determine light work activities permitted for children aged 14–16, as required by Article 7(3) of the Convention. It requests the Government to provide information on any developments in this regard.

Article 9(3). Keeping of registers. The Committee notes the Government’s reiterated indication that in Kyrgyzstan, there is no practice of keeping, by employers, of registers of persons under the age of 18 whom they employ. The Government further indicates that this issue will be considered by a tripartite national commission. The Committee once again urges the Government to take the necessary measures, without further delay, to ensure that employers in all sectors are required to maintain a register containing the names, age (or dates of birth) of all persons under the age of 18 years whom they employ, as required by Article 9(3) of the Convention.

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