Observation (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Kirghizistan (Ratification: 2004)

Autre commentaire sur C182

Observation

Demande directe

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Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously noted the information from ILO–IPEC that the Ministry of Foreign Affairs was developing a National Action Plan Against Human Trafficking for 2012–15. The Committee further noted the information from the report of the UN Special Rapporteur on violence against women, its causes and consequences, that trafficking of women and children for sexual exploitation and forced labour continued to be a problem in the country (A/HRC/14/22/Add.2, paragraph 33). The Committee expressed its concern at the lack of data on the prevalence of child trafficking in Kyrgyzstan, as well as reports of the prevalence of this phenomenon in the country.

The Committee notes the Government’s indication in its report regarding the adoption of the Government Programme and the Action Plan to Combat Trafficking in Persons for 2017–2020 (the Action Plan for 2017–2020) aimed at improving the regulatory and legal framework, strengthening interdepartmental and international cooperation, and prevention and protection of victims of trafficking in persons. The Government further indicates that to implement the Action Plan for 2017–2020, the Office of the Ombudsman has established a working group of representatives of relevant ministries and departments to monitor the rights of children subjected to sale and exploitation. In particular, the Government specifies that based on the results of the monitoring undertaken in July-September 2019 with support from the ILO Programme to Assist Kyrgyzstan in Ratifying and Applying International Labour Standards and Fulfilling Reporting Obligations, it is planned to develop recommendations on preventing and combating trafficking of children. The Committee further notes that the criteria for identifying child victims of trafficking and the instructions on social rehabilitation of child victims of trafficking were adopted by the Government Decree No. 493 of 19 September, 2019 with the support of the International Organization for Migration (IOM) and the ILO. The Committee notes the statistical data provided by the Government that under section 124 of the Criminal Code of 1997 (prohibition of trafficking in persons), the courts examined 15 cases which resulted in 12 convictions in 2014–2017. The Committee further notes that the new Criminal Code entered into force on 1 January 2019. Section 171(1) of the Criminal Code of 2019 prohibits trafficking in persons whereas subparagraph 2, paragraph 2 of section 171 and subparagraph 3, paragraph 3 of section 171 specify that trafficking of children is an aggravated offence. The Committee requests the Government to continue to take measures, particularly within the framework of the Action Plan for 2017–2020 to prevent and combat trafficking of children and to provide information on the results achieved. The Committee further requests the Government to supply statistical data on the application of section 171 of the Criminal Code in practice in cases of trafficking of children for the purpose of labour or sexual exploitation, including the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Clause (b). Use, procuring or offering of children for prostitution. In its previous comments, the Committee noted that sections 260 and 261 of the Criminal Code of 1997 make enticement into prostitution an offence. The Committee, however, noted that the Committee on the Rights of the Child (CRC), in its concluding observations, expressed concern that in a number of cases of child prostitution, investigations and prosecutions had not been initiated, and that child victims might be held responsible, tried and placed in detention (CRC/C/OPSC/KGZ/CO/1, paragraphs 17 and 21). The Committee also noted the information in the Report of the UN Special Rapporteur on violence against women, its causes and consequences, that adolescent girls in the country are particularly vulnerable to commercial sexual exploitation in urban areas, with the majority of the girls involved coming from rural areas (A/HRC/14/22/Add.2, paragraph 35).

The Committee observes from the 2018 Analytical report on study of judicial practice regarding offences involving trafficking in persons in Kyrgyzstan carried out by the United Nations Office on Drugs and Crime (UNODC), that in 2015–17, the courts examined six cases under section 260 (3) of the Criminal Code of 1997 (prohibition of enticement of a minor into prostitution) which involved six victims aged 14–18 years. Concerning section 261(3) of the Criminal Code of 1997 (prohibition of organization or maintenance of dens for prostitution with the involvement of a minor), the courts examined three cases in 2014–17. The Committee notes the Government’s information that the new Criminal Code of 2019 includes section 166(2)(1) which prohibits the involvement of a minor into prostitution. The Committee further notes that section 167(2) of the Criminal Code of 2019 sets out a category VI fine or category II imprisonment for the organization or maintenance of dens for prostitution or procuring for debauchery or pimping with the involvement of persons who knowingly have not reached the age of 16 years. Recalling that all persons under the age of 18 are covered by the scope of the Convention, the Committee urges the Government to ensure that section 167(2) of the Criminal Code of 2019 covers children between the age of 16 and 18 years. Noting the absence of the legislative provisions specifically criminalizing clients who use children under 18 years of age for the purpose of prostitution, the Committee urges the Government to take the necessary measures to ensure compliance with the Convention on this point. It further requests the Government to provide information on the application of sections 166(2)(1), and 167(2) of the Criminal Code of 2019 in practice, including the number of investigations, prosecutions, convictions and types of sanctions applied as well as the number and age of minors used for prostitution.

Clause (d) and Article 4(3). Hazardous work and revision of the list of hazardous types of work. Children working in agriculture. The Committee previously noted that the use of hazardous child labour in the agricultural sector was widespread, particularly in tobacco, rice and cotton fields, and that in rural areas, regulations prohibiting children from engaging in such work were not strictly enforced. The Committee noted the Government’s statement that work in the fields was one of the forms of child labour targeted by the Programme of Action by the Social Partners for the Elimination of the Worst Forms of Child Labour. The Committee also noted the continued implementation of a project aimed at eradicating hazardous child labour in the tobacco industry, developed by a non-governmental organization and carried out by trade union workers in the agro-industrial sector. In addition, the Committee noted the information from ILO–IPEC that, through the project entitled “Combating Child Labour in Central Asia – Commitment becomes Action (PROACT CAR Phase III)”, action had been taken to address hazardous child labour in agriculture.

The Committee notes the Government’s indication that the draft list of hazardous work prohibited to children under the age of 18 years has been submitted to ministries, departments and social partners for agreement. The Government further indicates that the draft list includes significantly expanded types of dangerous and harmful working conditions in agriculture The Government also indicates a project “The Elimination of Child Labour in Tobacco” implemented by the NGO “Alliance for the Protection of Children’s Rights”, together with the Central Committee of the Trade Union of Workers in the Agro-Industrial Complex, with support from the Elimination of Child Labour in Tobacco Foundation, and the Ministry of Labour and Social Development. The Committee notes that according to the 2014-2015 national child labour survey (CLS), a majority of working children tend to be concentrated in agriculture (96.2 per cent). The Committee further notes that according to a Multi Indicator Cluster Survey conducted by the National Statistics Committee with support from the UNICEF, the number of children involved in hazardous work had fallen from 15.2 per cent in 2014 to 11.7 per cent in 2018. The Committee requests the Government to continue to take the necessary measures ensuring that persons under 18 years of age are protected against hazardous work, particularly in the cotton, tobacco and rice-growing sectors, and to provide information on the results achieved. The Committee also requests the Government to ensure that the list of types of hazardous work prohibited to children under 18 years of age is adopted in the near future.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking in children. The Committee previously noted a disparity between the number of trafficking victims identified and the number of victims receiving assistance. The Committee noted the information from the IOM that it was implementing a project entitled “Combating Trafficking in Persons in Central Asia: Prevention, Protection and Capacity Building” in the country from 2009–12, which includes awareness raising and assistance for victims. The Committee also noted the implementation in Kyrgyzstan of the Joint Programme to Combat Human Trafficking in Central Asia of the ILO, the United Nations Development Programme and the UNODC under the UN Global Initiative to Fight Human Trafficking, which includes support for the development of national referral mechanisms established between law enforcement agencies and civil society organizations.

The Government refers in its reply to the IOM data indicating that in 2002–18, the IOM identified and provided assistance to approximately 2,500 victims of trafficking in persons, including children. The Government further indicates that within the framework of ILO-IPEC support, in 2013–19, more than 2000 children and families received direct assistance services, including medical and legal services, food, school supplies, and vocational trainings. The Government further refers to the adoption of the Regulations on the Procedure for Identifying Children and Families Living in Difficult Circumstances in 2015 which include social support measures for children engaged in the worst forms of child labour (section 7). The Committee notes that the instructions on the social rehabilitation of child victims of trafficking of 2019 provide for psychological, medical, legal and rehabilitation assistance. The Committee further observes that the Government Decree of March 5, 2019 No. 101 has adopted regulations on the organization of shelters for victims of trafficking in persons for the provision of medical, psychiatric, social, and legal assistance as well as support in establishing contacts with relatives or legal representatives. The Committee requests the Government to pursue its efforts to provide the necessary direct assistance to child victims of trafficking, and to ensure their rehabilitation and social integration. It further requests the Government to provide information on the results achieved in this regard, including on the establishment and operation of specialized shelters for victims of trafficking in persons and the number of persons under the age of 18 who have benefited from rehabilitation and social integration assistance.

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