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The Committee notes with regret that the Government’s report has not been received. The Committee notes the comments on the application on the Convention in law and practice submitted by the International Trade Union Confederation (ITUC) on 24 August 2010. The Committee requests the Government to provide its observations thereon as well as on the comments submitted by ITUC in 2009.

The Committee hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows.

The Committee notes the Labour Code of 2004 and wishes to raise, in this respect, the following points.

Article 3 of the Convention. The Committee notes that the decision to call a strike should be taken by the meeting (conference) of workers (section 437 of the Code). According to this provision, a minimum of two thirds of the total number of workers (delegates) should be present at the meeting (conference) and the decision to strike should be taken by at least half of the number of workers present. Considering that the quorum set out for a strike is too high and may potentially impede recourse to strike action, particularly in large enterprises, the Committee requests the Government to take the necessary measures to amend its legislation so as to lower the quorum required for a strike ballot and to indicate the measures taken or envisaged in this regard.

The Committee notes that section 437 of the Code imposes the obligation to indicate, in the strike notice, the possible duration of the strike as well as to provide proposals on the minimum services to be maintained during the strike. The Committee requests the Government to indicate whether workers can declare a strike for an indefinite period of time. It further requests the Government to specify the sectors of activity in which the minimum services should be maintained.

The Committee notes that under section 440(b) of the Code, the strike is prohibited in essential services – which include air, railway and water transport and communication – if the strike would endanger the defence and security of the State, as well as the life and health of the population. The Committee recalls that the right to strike can be restricted or prohibited in the event of an acute national emergency, in the public services or in essential services in the strict sense of the term, i.e. those the interruption of which would endanger the life, personal safety or health of the whole or part of the population (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 159). Considering that air, railway and water transport and communication in general (with the exception of air traffic control and telephone services) are not essential services in the strict sense of the term, the Committee requests the Government to clarify whether workers employed in these services enjoy the right to strike.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the comments on the application of the Convention in law and in practice submitted by the International Trade Union Confederation (ITUC). The Committee requests the Government to provide its observations thereon.

The Committee notes the Labour Code of 2004 and wishes to raise in this respect the following points.

Article 3 of the Convention. The Committee notes that the decision to call a strike should be taken by the meeting (conference) of workers (section 437 of the Code). According to this provision, a minimum of two-thirds of the total number of workers (delegates) should be present at the meeting (conference) and the decision to take a strike should be taken by at least half of the number of workers present. Considering that the quorum set out for a strike is too high and may potentially impede recourse to strike action, particularly in large enterprises, the Committee requests the Government to amend its legislation so as to lower the quorum required for a strike ballot and to indicate the measures taken or envisaged in this regard.

The Committee notes that section 437 of the Code imposes the obligation to indicate, in the strike notice, the possible duration of the strike as well as to provide proposal on the minimum services to be maintained during the strike. The Committee requests the Government to indicate whether workers can declare a strike for an indefinite period of time. It further requests the Government to specify the sectors of activity in which the minimum services should be maintained.

The Committee notes that under section 440(b) of the Code, the strike is prohibited in essential services – which include air, railway and water transport and communication – if the strike would endanger the defence and security of the State, as well as the life and health of the population. The Committee recalls that the right to strike can be restricted or prohibited in the event of an acute national emergency, in the public services or in essential services in the strict sense of the term, i.e. those the interruption of which would endanger the life, personal safety or health of the whole or part of the population (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 159). Considering that air, railway and water transport and communication in general (with the exception of air traffic control and telephone services) are not essential services in the strict sense of the term, the Committee requests the Government to clarify whether workers employed in these services enjoy the right to strike.

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The Committee notes with regret that the Government’s report has not been received. It further notes the comments on the application of the Convention in law and in practice submitted by the International Trade Union Confederation (ITUC) in a communication dated 29 August 2008. The Committee requests the Government to provide its observations thereon.

The Committee notes the Labour Code of 2004 and wishes to raise in this respect the following points.

Article 3 of the Convention. The Committee notes that the decision to call a strike should be taken by the meeting (conference) of workers (section 437 of the Code). According to this provision, a minimum of two-thirds of the total number of workers (delegates) should be present at the meeting (conference) and the decision to take a strike should be taken by at least half of the number of workers present. Considering that the quorum set out for a strike is too high and may potentially impede recourse to strike action, particularly in large enterprises, the Committee requests the Government to amend its legislation so as to lower the quorum required for a strike ballot and to indicate the measures taken or envisaged in this regard.

The Committee notes that section 437 of the Code imposes the obligation to indicate, in the strike notice, the possible duration of the strike as well as to provide proposal on the minimum services to be maintained during the strike. The Committee requests the Government to indicate whether workers can declare a strike for an indefinite period of time. It further requests the Government to specify the sectors of activity in which the minimum services should be maintained.

The Committee notes that under section 440(b) of the Code, the strike is prohibited in essential services – which include air, railway and water transport and communication – if the strike would endanger the defence and security of the State, as well as the life and health of the population. The Committee recalls that the right to strike can be restricted or prohibited in the event of an acute national emergency, in the public services or in essential services in the strict sense of the term, i.e. those the interruption of which would endanger the life, personal safety or health of the whole or part of the population (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 159). Considering that air, railway and water transport and communication in general (with the exception of air traffic control and telephone services) are not essential services in the strict sense of the term, the Committee requests the Government to clarify whether workers employed in these services enjoy the right to strike.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2 of the Convention. The Committee notes a contradiction between section 25 of the Labour Code, which requires a minimum of three employers to constitute an employers’ organization and section 10 of the Law on Employers’ Organizations, which requires a minimum of two employers. The Committee asks the Government to clarify the minimum membership required for establishing an employers’ organization.

Article 3. 1. Right of workers’ and employers’ organizations to draw up their constitutions and rules, to elect their representatives in full freedom and to organize their administration and activities. The Committee notes section 12 of the Law on Employers’ Organizations, according to which, the structure, the functioning and the powers of the governing bodies of an employers’ organization are regulated by the by-laws of that organization. The Committee further notes sections 28–30 of the Labour Code, which regulate in detail the internal functioning of these bodies, including the rules of adoption of the decisions by governing bodies, their powers and the composition of the executive committee, and section 25, according to which, the officials of an employers’ organization should be citizens of Kyrgyzstan. The Committee recalls that legislative provisions which regulate in detail the internal functioning of workers’ and employers’ organizations pose a serious risk of interference by the public authorities. The regulation of procedures and methods of functioning, including the number of leaders of an organization and as to the majority of votes required for a decision to be adopted by workers and employers’ organizations, is primarily to be governed by the rules of the organizations themselves. Indeed, the fundamental idea of Article 3 of the Convention is that workers and employers may decide for themselves the rules which should govern the administration of the organizations. Furthermore, as concerns the nationality of the officers of an organization, the Committee considers that legislation should allow foreign employers to take up the office of an organization, at least after a reasonable period of residence in the host country. The Committee requests that the Government take the necessary measures to amend sections 25, 28, 29 and 30 of the Labour Code so as to bring it into full conformity with the Convention and keep it informed in this respect.

The Committee notes section 27(1) of the Labour Code, which states that “employers’ organizations cannot carry out political activities and activities not related to the labour relations and employment”. Recalling that employers’ organizations, like trade unions, must be able to voice their opinions on political issues in the broad sense of the term and, in particular, to express their views publicly on a government’s economic and social policy, the Committee asks the Government to indicate whether this legislative provision prohibits employers’ organizations to carry out political activity to express their point of view on matters of economic or social policy affecting their members.

2. Right to strike. The Committee notes that under section 78(3) of the Labour Code, the strike is prohibited in the railway transport, public transport, civil aviation, communication services and continuously working enterprises, the stoppage of which would have hazardous consequences. The Committee requests that the Government indicate the enterprises and services it qualifies as “continuously working enterprises, the stoppage of which would have hazardous consequences” where the right to strike is prohibited under section 78(3) of the Labour Code. The Committee recalls that the right to strike can be restricted or prohibited in the event of an acute national emergency, in the public services or in essential services in the strict sense of the term, i.e. those, the interruption of which, would endanger the life, personal safety or health of the whole or part of the population (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 159). Considering that railways, public transport, civil aviation and postal services in general (with the exception of air traffic control) are not essential services in the strict sense of the term, the Committee requests that the Government amend its legislation so as to ensure that workers of the above services may exercise the right to strike. The Committee considers that the authorities may establish a system of minimum service in services which are of public utility in order to avoid damages which are irreversible or out of all proportion to the occupational interests of the parties to the dispute, as well as damages to third parties, namely the users or consumers who suffer the economic effects of collective disputes. The minimum services could be appropriate in situations in which a substantial restriction or a total prohibition of strike action would not appear to be justified and where, without calling into question the right to strike of the large majority of workers, one might consider ensuring that users’ basic needs are met or that facilities operate safely or without interruption (see General Survey, op. cit., paragraphs 160 and 162).

The Committee notes that section 78(4) of the Labour Code provides that workers, following mediation and conciliation procedures provided for in the Code, could address the Government of Kyrgyzstan to defend their legitimate rights and interests. The Committee recalls that, if the right to strike is subject to restrictions or a prohibition, workers who are thus deprived of an essential means of defending their socio-economic and occupational interests should be afforded compensatory guarantees, for example, conciliation and mediation procedures leading, in the event of deadlock, to arbitration machinery seen to be reliable by the parties concerned which should provide sufficient guarantees of impartiality and rapidity (see General Survey, op. cit., paragraph 164). The Committee therefore requests that the Government review its legislation so as to ensure that in those cases any disagreement concerning a collective dispute is settled by an independent body enjoying the confidence of the parties concerned and not by the Government and to keep it informed of measures taken or envisaged in this regard.

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The Committee notes with regret that the Government’s report has not been received. It must, therefore, repeat its previous direct request, which read as follows:

Article 2 of the Convention. The Committee notes a contradiction between section 25 of the Labour Code, which requires a minimum of three employers to constitute an employers’ organization and section 10 of the Law on Employers’ Organizations, which requires a minimum of two employers. The Committee asks the Government to clarify the minimum membership required for establishing an employers’ organization.

Article 3. 1. Right of workers’ and employers’ organizations to draw up their constitutions and rules, to elect their representatives in full freedom and to organize their administration and activities. The Committee notes section 12 of the Law on Employers’ Organizations, according to which, the structure, the functioning and the powers of the governing bodies of an employers’ organization are regulated by the by-laws of that organization. The Committee further notes sections 28-30 of the Labour Code, which regulate in detail the internal functioning of these bodies, including the rules of adoption of the decisions by governing bodies, their powers and the composition of the executive committee, and section 25, according to which, the officials of an employers’ organization should be citizens of Kyrgyzstan. The Committee recalls that legislative provisions which regulate in detail the internal functioning of workers’ and employers’ organizations pose a serious risk of interference by the public authorities. The regulation of procedures and methods of functioning, including the number of leaders of an organization and as to the majority of votes required for a decision to be adopted by workers and employers’ organizations, is primarily to be governed by the rules of the organizations themselves. Indeed, the fundamental idea of Article 3 of the Convention is that workers and employers may decide for themselves the rules which should govern the administration of the organizations. Furthermore, as concerns the nationality of the officers of an organization, the Committee considers that legislation should allow foreign employers to take up the office of an organization, at least after a reasonable period of residence in the host country. The Committee requests that the Government take the necessary measures to amend sections 25, 28, 29 and 30 of the Labour Code so as to bring it into full conformity with the Convention and keep it informed in this respect.

The Committee notes section 27(1) of the Labour Code, which states that “employers’ organizations cannot carry out political activities and activities not related to the labour relations and employment”. Recalling that employers’ organizations, like trade unions, must be able to voice their opinions on political issues in the broad sense of the term and, in particular, to express their views publicly on a government’s economic and social policy, the Committee asks the Government to indicate whether this legislative provision prohibits employers’ organizations to carry out political activity to express their point of view on matters of economic or social policy affecting their members.

2. Right to strike. The Committee notes that under section 78(3) of the Labour Code, the strike is prohibited in the railway transport, public transport, civil aviation, communication services and continuously working enterprises, the stoppage of which would have hazardous consequences. The Committee requests that the Government indicate the enterprises and services it qualifies as “continuously working enterprises, the stoppage of which would have hazardous consequences” where the right to strike is prohibited under section 78(3) of the Labour Code. The Committee recalls that the right to strike can be restricted or prohibited in the event of an acute national emergency, in the public services or in essential services in the strict sense of the term, i.e. those, the interruption of which, would endanger the life, personal safety or health of the whole or part of the population (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 159). Considering that railways, public transport, civil aviation and postal services in general (with the exception of air traffic control) are not essential services in the strict sense of the term, the Committee requests that the Government amend its legislation so as to ensure that workers of the above services may exercise the right to strike. The Committee considers that the authorities may establish a system of minimum service in services which are of public utility in order to avoid damages which are irreversible or out of all proportion to the occupational interests of the parties to the dispute, as well as damages to third parties, namely the users or consumers who suffer the economic effects of collective disputes. The minimum services could be appropriate in situations in which a substantial restriction or a total prohibition of strike action would not appear to be justified and where, without calling into question the right to strike of the large majority of workers, one might consider ensuring that users’ basic needs are met or that facilities operate safely or without interruption (see General Survey, op. cit., paragraphs 160 and 162).

The Committee notes that section 78(4) of the Labour Code provides that workers, following mediation and conciliation procedures provided for in the Code, could address the Government of Kyrgyzstan to defend their legitimate rights and interests. The Committee recalls that, if the right to strike is subject to restrictions or a prohibition, workers who are thus deprived of an essential means of defending their socio-economic and occupational interests should be afforded compensatory guarantees, for example, conciliation and mediation procedures leading, in the event of deadlock, to arbitration machinery seen to be reliable by the parties concerned which should provide sufficient guarantees of impartiality and rapidity (see General Survey, op. cit., paragraph 164). The Committee therefore requests that the Government review its legislation so as to ensure that in those cases any disagreement concerning a collective dispute is settled by an independent body enjoying the confidence of the parties concerned and not by the Government and to keep it informed of measures taken or envisaged in this regard.

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The Committee notes the Government’s report.

The Committee further notes the following pieces of legislation: Labour Code of 4 October 1997, as amended on 19 February 2003; Law on Trade Unions of 16 October 1998, as amended on 4 August 2004; Law on Employers’ Organizations of 22 May 2004; Code on Administrative Responsibility of 4 August 1998, as amended on 15 February 2004; and Criminal Code of 1 October 1997, as amended on 15 February 2004.

The Committee wishes to raise the following points in respect of the abovementioned legislation.

Article 2 of the Convention. The Committee notes a contradiction between section 25 of the Labour Code, which requires a minimum of three employers to constitute an employers’ organization and section 10 of the Law on Employers’ Organizations, which requires a minimum of two employers. The Committee asks the Government to clarify the minimum membership required for establishing an employers’ organization.

Article 3. 1. Right of workers’ and employers’ organizations to draw up their constitutions and rules, to elect their representatives in full freedom and to organize their administration and activities. The Committee notes section 12 of the Law on Employers’ Organizations, according to which, the structure, the functioning and the powers of the governing bodies of an employers’ organization are regulated by the by-laws of that organization. The Committee further notes sections 28-30 of the Labour Code, which regulate in detail the internal functioning of these bodies, including the rules of adoption of the decisions by governing bodies, their powers and the composition of the executive committee, and section 25, according to which, the officials of an employer’s organization should be citizens of Kyrgyzstan. The Committee recalls that legislative provisions which regulate in detail the internal functioning of workers’ and employers’ organizations pose a serious risk of interference by the public authorities. The regulation of procedures and methods of functioning, including the number of leaders of an organization and as to the majority of votes required for a decision to be adopted by workers and employers’ organizations, is primarily to be governed by the rules of the organizations themselves. Indeed, the fundamental idea of Article 3 of Convention No. 87 is that workers and employers may decide for themselves the rules which should govern the administration of the organizations. Furthermore, as concerns the nationality of the officers of an organization, the Committee considers that legislation should allow foreign employers to take up the office of an organization, at least after a reasonable period of residence in the host country. The Committee requests that the Government take the necessary measures to amend sections 25, 28, 29 and 30 of the Labour Code so as to bring it into full conformity with the Convention and keep it informed in this respect.

The Committee notes section 27(1) of the Labour Code, which states that "employers’ organizations cannot carry out political activities and activities not related to the labour relations and employment". Recalling that employers’ organizations, like trade unions, must be able to voice their opinions on political issues in the broad sense of the term and, in particular, to express their views publicly on a government’s economic and social policy, the Committee asks the Government to indicate whether this legislative provision prohibits employers’ organizations to carry out political activity to express their point of view on matters of economic or social policy affecting their members.

2. Right to strike. The Committee notes that under section 78(3) of the Labour Code, the strike is prohibited in the railway transport, public transport, civil aviation, communication services and continuously working enterprises, the stoppage of which would have hazardous consequences. The Committee requests that the Government indicate the enterprises and services it qualifies as "continuously working enterprises, the stoppage of which would have hazardous consequences" where the right to strike is prohibited under section 78(3) of the Labour Code. The Committee recalls that the right to strike can be restricted or prohibited in the event of an acute national emergency, in the public services or in essential services in the strict sense of the term, i.e. those, the interruption of which, would endanger the life, personal safety or health of the whole or part of the population (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 159). Considering that railways, public transport, civil aviation and postal services in general (with the exception of air traffic control) are not essential services in the strict sense of the term, the Committee requests that the Government amend its legislation so as to ensure that workers of the above services may exercise the right to strike. The Committee considers that the authorities may establish a system of minimum service in services which are of public utility in order to avoid damages which are irreversible or out of all proportion to the occupational interests of the parties to the dispute, as well as damages to third parties, namely the users or consumers who suffer the economic effects of collective disputes. The minimum services could be appropriate in situations in which a substantial restriction or a total prohibition of strike action would not appear to be justified and where, without calling into question the right to strike of the large majority of workers, one might consider ensuring that users’ basic needs are met or that facilities operate safely or without interruption (see General Survey, op. cit., paragraphs 160 and 162).

The Committee notes that section 78(4) of the Labour Code provides that workers, following mediation and conciliation procedures provided for in the Code, could address the Government of Kyrgyzstan to defend their legitimate rights and interests. The Committee recalls that, if the right to strike is subject to restrictions or a prohibition, workers who are thus deprived of an essential means of defending their socio-economic and occupational interests should be afforded compensatory guarantees, for example, conciliation and mediation procedures leading, in the event of deadlock, to arbitration machinery seen to be reliable by the parties concerned which should provide sufficient guarantees of impartiality and rapidity (see General Survey, op. cit., paragraph 164). The Committee therefore requests that the Government review its legislation so as to ensure that in those cases any disagreement concerning a collective dispute is settled by an independent body enjoying the confidence of the parties concerned and not by the Government and to keep it informed of measures taken or envisaged in this regard.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

In its previous comments, the Committee had noted the 1991 Act concerning public associations which guarantees the right of citizens of Kyrgyzstan and of the former USSR to join a public association and the right of foreigners to join associations, in accordance with the rules of those associations (section 9).

Given that section 6 of the Act stipulates a membership of at least 500 citizens as a condition for forming a trade union at the national level, the Committee emphasizes that, in its General Survey on freedom of association and collective bargaining of 1994 in paragraph 63, it indicated that restrictions which make citizenship a precondition of membership of a trade union may prevent migrant workers or foreign workers from playing an active role in the defence of their interests, including the right to strike. In addition, the Committee requests the Government to indicate whether workers are able to form trade unions at the enterprise, sectoral or occupational levels and to specify any minimum membership that is required in order to establish such trade unions.

The Committee emphasizes that Articles 2 and 10 of the Convention guarantee the right of all workers without distinction to establish organizations of their own choosing in the defence of their occupational interests and that Article 3 stipulates that workers’ organizations must have the right to organize their programmes without any interference from the public authorities. The Committee therefore requests the Government to indicate in its next report any measures taken or contemplated to ensure that all workers legally resident in its territory, whether Kyrgyzstan nationals or foreigners, enjoy the trade union rights provided for by the Convention, including the right to strike, without any distinction based on nationality. It also requests the Government to ensure that workers can elect their own representatives freely.

The Committee furthermore requests the Government to provide with its next report a copy of the Penal Code currently in force and to specify whether there are still provisions in force similar to sections 190(3) and 24 of the Criminal Code of the former USSR (which, read together, impose restrictions on the right of workers to participate in collective action aimed at disrupting transport services or public and social enterprises or establishments, and makes such action punishable by imprisonment for up to three years), or the Presidential Decree of 16 May 1991 concerning emergency measures to ensure the stability of work in branches of economic activity that are essential to the national economy. If such provisions are in force, the Committee requests the Government to consider amending or repealing them.

The Committee also requests the Government to indicate whether the provisions allowing trade unions or workforce collectives to impose disciplinary sanctions on workers in undertakings for breaches of labour discipline (such as sections 138 and 150 of the Labour Code) have been repealed and, if not, to consider repealing or amending them.

Lastly, the Committee requests the Government to provide with its next report a copy of the text of the Labour Code currently in force, including any amendments made since 1993, and any text governing the right to organize, the settlement of collective disputes and the right to strike, with regard not only to citizens of Kyrgyzstan but also to foreign workers legally resident in the country.

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The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee notes with regret that since the entry into force in respect of Kyrgyzstan of this Convention in 1993, the Government’s first report has not been received. It hopes that a report will be provided for examination by the Committee at its next session and that the report will contain detailed replies to the questions raised in the report form on the application of the Convention, which has been forwarded to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

The Committee is also raising a certain number of points in a request addressed directly to the Government.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

In its previous comments, the Committee had noted the 1991 Act concerning public associations which guarantees the right of citizens of Kyrgyzstan and of the former USSR to join a public association and the right of foreigners to join associations, in accordance with the rules of those associations (section 9).

Given that section 6 of the Act stipulates a membership of at least 500 citizens as a condition for forming a trade union at the national level, the Committee emphasizes that, in its General Survey on freedom of association and collective bargaining of 1994 in paragraph 63, it indicated that restrictions which make citizenship a precondition of membership of a trade union may prevent migrant workers or foreign workers from playing an active role in the defence of their interests, including the right to strike. In addition, the Committee requests the Government to indicate whether workers are able to form trade unions at the enterprise, sectoral or occupational levels and to specify any minimum membership that is required in order to establish such trade unions.

The Committee emphasizes that Articles 2 and 10 of the Convention guarantee the right of all workers without distinction to establish organizations of their own choosing in the defence of their occupational interests and that Article 3 stipulates that workers’ organizations must have the right to organize their programmes without any interference from the public authorities. The Committee therefore requests the Government to indicate in its next report any measures taken or contemplated to ensure that all workers legally resident in its territory, whether Kyrgyzstan nationals or foreigners, enjoy the trade union rights provided for by the Convention, including the right to strike, without any distinction based on nationality. It also requests the Government to ensure that workers can elect their own representatives freely.

The Committee furthermore requests the Government to provide with its next report a copy of the Penal Code currently in force and to specify whether there are still provisions in force similar to sections 190(3) and 24 of the Criminal Code of the former USSR (which, read together, impose restrictions on the right of workers to participate in collective action aimed at disrupting transport services or public and social enterprises or establishments, and makes such action punishable by imprisonment for up to three years), or the Presidential Decree of 16 May 1991 concerning emergency measures to ensure the stability of work in branches of economic activity that are essential to the national economy. If such provisions are in force, the Committee requests the Government to consider amending or repealing them.

The Committee also requests the Government to indicate whether the provisions allowing trade unions or workforce collectives to impose disciplinary sanctions on workers in undertakings for breaches of labour discipline (such as sections 138 and 150 of the Labour Code) have been repealed and, if not, to consider repealing or amending them.

Lastly, the Committee requests the Government to provide with its next report a copy of the text of the Labour Code currently in force, including any amendments made since 1993, and any text governing the right to organize, the settlement of collective disputes and the right to strike, with regard not only to citizens of Kyrgyzstan but also to foreign workers legally resident in the country.

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The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes with regret that since the entry into force in respect of Kyrgyzstan of this Convention in 1993, the Government’s first report has not been received. It hopes that a report will be provided for examination by the Committee at its next session and that the report will contain detailed replies to the questions raised in the report form on the application of the Convention, which has been forwarded to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

In its previous comments, the Committee had noted the 1991 Act concerning public associations which guarantees the right of citizens of Kyrgyzstan and of the former USSR to join a public association and the right of foreigners to join associations, in accordance with the rules of those associations (section 9).

Given that section 6 of the Act stipulates a membership of at least 500 citizens as a condition for forming a trade union at the national level, the Committee emphasizes that, in its General Survey on freedom of association and collective bargaining of 1994 in paragraph 63, it indicated that restrictions which make citizenship a precondition of membership of a trade union may prevent migrant workers or foreign workers from playing an active role in the defence of their interests, including the right to strike. In addition, the Committee requests the Government to indicate whether workers are able to form trade unions at the enterprise, sectoral or occupational levels and to specify any minimum membership that is required in order to establish such trade unions.

The Committee emphasizes that Articles 2 and 10 of the Convention guarantee the right of all workers without distinction to establish organizations of their own choosing in the defence of their occupational interests and that Article 3 stipulates that workers’ organizations must have the right to organize their programmes without any interference from the public authorities. The Committee therefore requests the Government to indicate in its next report any measures taken or contemplated to ensure that all workers legally resident in its territory, whether Kyrgyzstan nationals or foreigners, enjoy the trade union rights provided for by the Convention, including the right to strike, without any distinction based on nationality. It also requests the Government to ensure that workers can elect their own representatives freely.

The Committee furthermore requests the Government to provide with its next report a copy of the Penal Code currently in force and to specify whether there are still provisions in force similar to sections 190(3) and 24 of the Criminal Code of the former USSR (which, read together, impose restrictions on the right of workers to participate in collective action aimed at disrupting transport services or public and social enterprises or establishments, and makes such action punishable by imprisonment for up to three years), or the Presidential Decree of 16 May 1991 concerning emergency measures to ensure the stability of work in branches of economic activity that are essential to the national economy. If such provisions are in force, the Committee requests the Government to consider amending or repealing them.

The Committee also requests the Government to indicate whether the provisions allowing trade unions or workforce collectives to impose disciplinary sanctions on workers in undertakings for breaches of labour discipline (such as sections 138 and 150 of the Labour Code) have been repealed and, if not, to consider repealing or amending them.

Lastly, the Committee requests the Government to provide with its next report a copy of the text of the Labour Code currently in force, including any amendments made since 1993, and any text governing the right to organize, the settlement of collective disputes and the right to strike, with regard not only to citizens of Kyrgyzstan but also to foreign workers legally resident in the country.

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The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes with regret that since the entry into force in respect of Kyrgyzstan of this Convention in 1993, the Government’s first report has not been received. It hopes that a report will be provided for examination by the Committee at its next session and that the report will contain detailed replies to the questions raised in the report form on the application of the Convention, which has been forwarded to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

        The Committee notes the 1991 Act concerning public associations which guarantees the right of citizens of Kyrgyzstan and of the former USSR to join a public association and the right of foreigners to join associations, in accordance with the rules of those associations (section 9).

        Given that section 6 of the Act stipulates a membership of at least 500 citizens as a condition for forming a trade union at the national level, the Committee emphasizes that, in its General Survey on freedom of association and collective bargaining of 1994 in paragraph 63, it indicated that restrictions which make citizenship a precondition of membership of a trade union may prevent migrant workers or foreign workers from playing an active role in the defence of their interests, including the right to strike. In addition, the Committee requests the Government to indicate whether workers are able to form trade unions at the enterprise, sectoral or occupational levels and to specify any minimum membership that is required in order to establish such trade unions.

        The Committee emphasizes that Articles 2 and 10 of the Convention guarantee the right of all workers without distinction to establish organizations of their own choosing in the defence of their occupational interests and that Article 3 stipulates that workers’ organizations must have the right to organize their programmes without any interference from the public authorities. The Committee therefore requests the Government to indicate in its next report any measures taken or contemplated to ensure that all workers legally resident in its territory, whether Kyrgyzstan nationals or foreigners, enjoy the trade union rights provided for by the Convention, including the right to strike, without any distinction based on nationality. It also requests the Government to ensure that workers can elect their own representatives freely.

        The Committee furthermore requests the Government to provide with its next report a copy of the Penal Code currently in force and to specify whether there are still provisions in force similar to sections 190(3) and 24 of the Criminal Code of the former USSR (which, read together, impose restrictions on the right of workers to participate in collective action aimed at disrupting transport services or public and social enterprises or establishments, and makes such action punishable by imprisonment for up to three years), or the Presidential Decree of 16 May 1991 concerning emergency measures to ensure the stability of work in branches of economic activity that are essential to the national economy. If such provisions are in force, the Committee requests the Government to consider amending or repealing them.

        The Committee also requests the Government to indicate whether the provisions allowing trade unions or workforce collectives to impose disciplinary sanctions on workers in undertakings for breaches of labour discipline (such as sections 138 and 150 of the Labour Code) have been repealed and, if not, to consider repealing or amending them.

        Lastly, the Committee requests the Government to provide with its next report a copy of the text of the Labour Code currently in force, including any amendments made since 1993, and any text governing the right to organize, the settlement of collective disputes and the right to strike, with regard not only to citizens of Kyrgyzstan but also to foreign workers legally resident in the country.

CMNT_TITLE

The Committee notes with regret that since the entry into force in respect of Kyrgyzstan of this Convention in 1993, the Government’s first report has not been received. It hopes that a report will be provided for examination by the Committee at its next session and that the report will contain detailed replies to the questions raised in the report form on the application of the Convention, which has been forwarded to the Government.

CMNT_TITLE

In the absence of the Government’s first report, the Committee must request once again the Government to provide detailed replies to the questions contained in the report form on the application of this Convention.

The Committee notes the 1991 Act concerning public associations which guarantees the right of citizens of Kyrgyzstan and of the former USSR to join a public association and the right of foreigners to join associations, in accordance with the rules of those associations (section 9).

Given that section 6 of the Act stipulates a membership of at least 500 citizens as a condition for forming a trade union at the national level, the Committee emphasizes that, in its General Survey on freedom of association and collective bargaining of 1994 in paragraph 63, it indicated that restrictions which make citizenship a precondition of membership of a trade union may prevent migrant workers or foreign workers from playing an active role in the defence of their interests, including the right to strike. In addition, the Committee requests the Government to indicate whether workers are able to form trade unions at the enterprise, sectoral or occupational levels and to specify any minimum membership that is required in order to establish such trade unions.

The Committee emphasizes that Articles 2 and 10 of the Convention guarantee the right of all workers without distinction to establish organizations of their own choosing in the defence of their occupational interests and that Article 3 stipulates that workers’ organizations must have the right to organize their programmes without any interference from the public authorities. The Committee therefore requests the Government to indicate in its next report any measures taken or contemplated to ensure that all workers legally resident in its territory, whether Kyrgyzstan nationals or foreigners, enjoy the trade union rights provided for by the Convention, including the right to strike, without any distinction based on nationality. It also requests the Government to ensure that workers can elect their own representatives freely.

The Committee furthermore requests the Government to provide with its next report a copy of the Penal Code currently in force and to specify whether there are still provisions in force similar to sections 190(3) and 24 of the Criminal Code of the former USSR (which, read together, impose restrictions on the right of workers to participate in collective action aimed at disrupting transport services or public and social enterprises or establishments, and makes such action punishable by imprisonment for up to three years), or the Presidential Decree of 16 May 1991 concerning emergency measures to ensure the stability of work in branches of economic activity that are essential to the national economy. If such provisions are in force, the Committee requests the Government to consider amending or repealing them.

The Committee also requests the Government to indicate whether the provisions allowing trade unions or workforce collectives to impose disciplinary sanctions on workers in undertakings for breaches of labour discipline (such as sections 138 and 150 of the Labour Code) have been repealed and, if not, to consider repealing or amending them.

Lastly, the Committee requests the Government to provide with its next report a copy of the text of the Labour Code currently in force, including any amendments made since 1993, and any text governing the right to organize, the settlement of collective disputes and the right to strike, with regard not only to citizens of Kyrgyzstan but also to foreign workers legally resident in the country.

CMNT_TITLE

The Committee notes that since the entry into force of this Convention in 1993 in Kyrgyzstan, the Government’s first report has not been received. It hopes that a report will be provided for examination by the Committee at its next session and that the report will contain detailed replies to the questions raised in the report form on the application of the Convention, which has been forwarded to the Government.

CMNT_TITLE

In the absence of the Government's first report, the Committee must request once again the Government to provide detailed replies to the questions contained in the report form on the application of this Convention.

The Committee nevertheless notes the 1991 Act concerning public associations which guarantees the right of citizens of Kyrgyzstan and of the former USSR to join a public association and the right of foreigners to join associations, in accordance with the rules of those associations (section 9).

Given that section 6 of the Act stipulates a membership of at least 500 citizens as a condition for forming a trade union at the national level, the Committee emphasizes that, in its General Survey on freedom of association and collective bargaining of 1994 in paragraph 63, it indicated that restrictions which make citizenship a precondition of membership of a trade union may prevent migrant workers or foreign workers from playing an active role in the defence of their interests, including the right to strike. In addition, the Committee requests the Government to indicate whether workers are able to form trade unions at the enterprise, sectoral or occupational levels and to specify any minimum membership that is required in order to establish such trade unions.

The Committee emphasizes that Articles 2 and 10 of the Convention guarantee the right of all workers without distinction to establish organizations of their own choosing in the defence of their occupational interests and that Article 3 stipulates that workers' organizations must have the right to organize their programmes without any interference from the public authorities. The Committee therefore requests the Government to indicate in its next report any measures taken or contemplated to ensure that all workers legally resident in its territory, whether Kyrgyzstan nationals or foreigners, enjoy the trade union rights provided for by the Convention, including the right to strike, without any distinction based on nationality. It also requests the Government to ensure that workers can elect their own representatives freely.

The Committee furthermore requests the Government to provide with its next report a copy of the Penal Code currently in force and to specify whether there are still provisions in force similar to sections 190(3) and 24 of the Criminal Code of the former USSR (which, read together, impose restrictions on the right of workers to participate in collective action aimed at disrupting transport services or public and social enterprises or establishments, and makes such action punishable by imprisonment for up to three years), or the Presidential Decree of 16 May 1991 concerning emergency measures to ensure the stability of work in branches of economic activity that are essential to the national economy. If such provisions are in force, the Committee requests the Government to consider amending or repealing them.

The Committee also requests the Government to indicate whether the provisions allowing trade unions or workforce collectives to impose disciplinary sanctions on workers in undertakings for breaches of labour discipline (such as sections 138 and 150 of the Labour Code) have been repealed and, if not, to consider repealing or amending them.

Lastly, the Committee requests the Government to provide with its next report a copy of the text of the Labour Code currently in force, including any amendments made since 1993, and any text governing the right to organize, the settlement of collective disputes and the right to strike, with regard not only to citizens of Kyrgyzstan but also to foreign workers legally resident in the country.

CMNT_TITLE

The Committee notes with regret that, for the sixth consecutive year, the Government's first report has not been received. It hopes that a report will be provided for examination by the Committee at its next session and that the report will contain detailed replies to the questions raised in the report form, which has been forwarded to the Government on the application of the Convention.

CMNT_TITLE

The Committee requests the Government to provide detailed replies to the questions contained in the report form on the application of this Convention.

The Committee notes the 1991 Act concerning public associations which guarantees the right of citizens of Kyrgyzstan and of the former USSR to join a public association and the right of foreigners to join associations, in accordance with the rules of those associations (section 9).

However, given that section 6 of the Act stipulates a membership of at least 500 citizens as a condition for forming a trade union at the national level, the Committee emphasizes that, in its General Survey on freedom of association and collective bargaining of 1994 in paragraph 63, it indicated that restrictions which make citizenship a precondition of membership of a trade union may prevent migrant workers or foreign workers from playing an active role in the defence of their interests, including the right to strike. In addition, the Committee requests the Government to indicate whether workers are able to form trade unions at the enterprise, sectoral or occupational levels and to specify any minimum membership that is required in order to establish such trade unions.

The Committee emphasizes that Articles 2 and 10 of the Convention guarantee the right of all workers without distinction to establish organizations of their own choosing in the defence of their interests and that Article 3 stipulates that workers' organizations must have the right to organize their programmes without any interference from the public authorities. The Committee therefore requests the Government to indicate in its next report any measures taken or envisaged to ensure that all workers legally resident in its territory, whether Kyrgyzstan nationals or foreigners, enjoy the trade union rights provided for by the Convention, including the right to strike, without any distinction based on nationality. It also requests the Government to ensure that workers can elect their own representatives freely.

The Committee furthermore requests the Government to provide with its next report a copy of the Penal Code currently in force and to specify whether there are still provisions in force similar to sections 190(3) and 24 of Criminal Code of the former USSR (which, read together, impose restrictions on the right of workers to participate in collective action aimed at disrupting transport services or public and social enterprises or establishments, and makes such action punishable by imprisonment for up to three years), or the Presidential Decree of 16 May 1991 concerning emergency measures to ensure the stability of work in branches of economic activity that are essential to the national economy. If such provisions are in force, the Committee requests the Government to consider amending or repealing them.

The Committee requests the Government to indicate whether the provisions allowing trade unions or workforce collectives to impose disciplinary sanctions on workers in undertakings for breaches of labour discipline (such as sections 138 and 150 of the Labour Code) have been repealed and, if not, to consider repealing or amending them.

Lastly, the Committee requests the Government to provide with its next report a copy of the text of the Labour Code currently in force, including any amendments made since 1993, and any text governing the right to organize, the settlement of collective disputes and the right to strike, with regard not only to citizens of Kyrgyzstan but also to foreign workers legally resident in the country.

[The Government is requested to report in detail in 1999.]

CMNT_TITLE

The Committee notes with satisfaction the provisions of the Constitution of 5 May 1993 which guarantee the right of trade unions to organize on a voluntary basis (article 8), the right of all persons living in the Republic to exercise the right of association (article 16, paragraph 2) and the right of citizens to strike, the procedure and conditions for the exercise of that right being governed by law (article 30).

The Committee is also addressing a direct request to the Government on certain points.