2024 Trafficking in Persons Report: Kyrgyzstan

KYRGYZ REPUBLIC (Tier 2 Watch List)

The Government of the Kyrgyz Republic (or Kyrgyzstan) does not fully meet the minimum standards for the elimination of trafficking but is making significant efforts to do so. These efforts included establishing regional departmental commissions tasked with providing assistance to trafficking victims and continued awareness activities. However, the government did not demonstrate overall increasing efforts compared with the previous reporting period. The government did not identify or refer any victims to services. Resources for victim services and the availability of shelter for victims, especially children and male victims, remained insufficient. The government did not uniformly apply SOPs to identify trafficking victims among vulnerable populations, reportedly resulting in the inappropriate penalization of some unidentified victims for unlawful acts committed as a direct result of being trafficked. Authorities investigated and prosecuted fewer suspects and did not secure any convictions for a third consecutive year. The government extended its moratorium on unannounced labor inspections, increasing difficulties in ensuring compliance with labor laws and identifying forced labor cases. There were significant gaps in law enforcement’s understanding of trafficking crimes resulting in the misclassification of human trafficking cases, unidentified victims, and lower penalties for traffickers, including cases involving allegedly complicit officials. Therefore the Kyrgyz Republic was downgraded to Tier 2 Watch List.

Using the NRM and SOPs for victim identification and referral to care, proactively identify trafficking victims and refer them to services, particularly among vulnerable populations including individuals in commercial sex, female victims of crime, Kyrgyzstani and foreign national migrant workers, and LGBTQI+ individuals. * Vigorously investigate and prosecute trafficking crimes, and seek adequate penalties for convicted traffickers, including complicit officials, which should involve significant prison terms, utilizing the articles of the criminal code relating to trafficking in persons. * Increase trafficking-specific training for law enforcement, including on the definition of human trafficking and relevant trafficking related criminal code articles and investigating trafficking cases, and ensure trafficking cases are not misclassified as different crimes. * Train officials on the use of the NRM and established SOPs for the proactive identification of trafficking victims, granting official victim status without the need to open a criminal case, and for the referral of victims to care services, including foreign victims. * Ensure victims are not inappropriately penalized solely for unlawful acts committed as a direct result of being trafficked. * Increase funding and in-kind support for victim services, including long-term services, social reintegration assistance, and shelters, including for men and child trafficking victims. * Strengthen the capacity of the Labor Inspectorate to identify and refer victims of forced labor, including by increased training on human trafficking and allowing unfettered access to factories, construction sites, and farms. * Eliminate all employee-paid recruitment fees for Kyrgyzstani migrant workers. * Develop mechanisms to prevent trafficking of returned migrants and families that depend on remittances, including by coordinating with international organizations and civil society. * Provide increased resources for law enforcement units designated to investigate online child sex trafficking and other cyber-facilitated trafficking crimes. * Establish and implement child-friendly procedures for investigations and prosecutions. * Establish and implement a comprehensive anti-trafficking data collection system for use by law enforcement and inter-ministerial coordinating bodies.

The government decreased law enforcement efforts. Articles 166, 167, and 170 of the criminal code criminalized sex trafficking and labor trafficking and prescribed penalties of three to six years’ imprisonment for crimes involving adult victims, and five to eight years’ imprisonment for those involving child victims. These penalties were sufficiently stringent and, with regard to sex trafficking, commensurate with those prescribed for other grave crimes, such as kidnapping. Prosecutors could also charge traffickers using Article 159 for engaging a person in “prostitution” through the use of force or the threat of force or fraud, which was punishable by a fine or imprisonment of up to five years if the victim was an adult, and five to 15 years’ imprisonment under aggravating circumstances, including the involvement of children.

The government reported investigating three trafficking cases, compared with 30 trafficking cases the previous year. The government reported prosecuting two defendants for sex trafficking, compared with three prosecutions reported in the previous year. The government did not secure convictions for a third consecutive year. Trafficking criminal cases were often not brought to court or charged under a different article of the criminal code. Because of the government’s tendency to conflate cases involving the sale of infants with human trafficking, it was possible some of the reported cases contained elements inconsistent with the definitions of trafficking as established in international law.

The government’s NRM allowed civil society and international organizations to file criminal complaints to law enforcement on behalf of victims. As in previous years, victim advocates reported a general lack of proactive investigation and the need for systemic training for law enforcement, prosecutors, and judges, particularly on victim identification and gathering evidence beyond victim testimony. Observers reported law enforcement and courts were insufficiently resourced to adequately investigate trafficking cases. The government, in collaboration with civil society, trained judges, prosecutors, police, migration officers, and labor inspectors on combating trafficking, victim assistance, and investigating and prosecuting cases. However, observers reported authorities did not adequately support civil society led trainings and that high turnover within law enforcement and a lack of knowledge of trafficking crimes, capacity, and political will hindered overall law enforcement efforts. Authorities also highlighted challenges with law enforcement data collection. According to experts, investigators were often not interested in pursuing trafficking cases due to difficulties in gathering evidence. Trafficking cases were often misclassified as different crimes, which were easier to investigate and prosecute and carry lesser penalties; observers reported this was often driven by demands to meet internal case quotas.

The government did not report any investigations, prosecutions, or convictions of government employees complicit in trafficking crimes. Observers reported one law enforcement official facilitating sex trafficking crimes. Experts noted cases involving allegedly complicit officials were often classified as abuse of power and not trafficking due to a lack of evidence. Authorities assessed that individuals involved in commercial sex are at increased risk of trafficking; however, when authorities conducted law enforcement operations at establishments with risks of sex trafficking, such as brothels and massage parlors, they did not identify any sex trafficking victims. In previous years, observers reported law enforcement officials and judges have accepted bribes to drop cases and, at times in recent years, warned suspects prior to law enforcement operations. Observers noted the lack of victim-centered approaches by police, social stigmatization, and a corrupt criminal justice system deterred victims from seeking assistance from authorities. International organization experts noted widespread impunity and lack of effective prosecution.

The government decreased efforts to protect victims. The government did not report identifying or referring any trafficking victims to services, compared with identifying seven victims but not referring any victims to services the previous reporting period. Civil society identified 111 victims, including 33 sex trafficking victims (18 women and 15 girls), 78 forced labor victims (28 men, 49 women, and one boy victimized in forced criminality).

The government had an NRM on victim identification and referral to care, including provision of social services and specific guidance for assisting child victims. The government did not require victims to participate in a criminal case to receive assistance; however, experts reported the government did not formally recognize victims unless a criminal case was opened, including victims identified by NGOs, contradicting the NRM. The government had SOPs for victim identification and referral, to complement the NRM, that law enforcement used; however, experts noted some law enforcement’s insufficient knowledge on human trafficking and the utilization of SOPs prevented them from proactively identifying victims. Observers noted the criteria for identifying victims was convoluted and the NRM and SOPs – sporadically used by officials – lacked specific procedures to screen vulnerable populations, such as children, lowincome families, and migrants. According to observers, the roles of some of the implementors of the NRM were not clear and there was insufficient capacity and understanding of trafficking and how the NRM worked among stakeholders, including law enforcement. The NRM encouraged government agencies to cooperate with NGOs providing victim protection; however, observers noted some government agencies were reluctant to do so. Civil society previously reported the NRM lacked specific measures outlining assistance for foreign victims and did not feature language explaining how NGOs could appeal in instances when the government failed to properly identify victims. Foreign nationals, such as Tajikistanis and Uzbekistanis, were less likely to be identified as victims of forced labor and referred for services.

Under the Social Procurement Program, the government allocated 2.2 million Soms ($24,700) from the state budget in financial assistance for NGOs supporting trafficking victims for 2022-2026; however, the government heavily relied on civil society to provide victim assistance, funding, and in-kind support. Four victims of forced labor (two men and two women) received services by an international organization with government support. Civil society reported assisting 140 victims without government support, including 35 sex trafficking victims (20 women and 15 girls), 101 forced labor victims (39 men, 60 women, and two boys, including 15 foreign victims), and four foreign victims of unspecified forms of trafficking. Civil society reported repatriating 11 foreign victims to their home countries with assistance from the government, including two Pakistani victims and two Thai victims. NGOs operated two crisis centers located in Bishkek and Osh that could provide shelter and services for women victims. Experts reported crisis centers received limited funding and funds budgeted for these centers were often not fully allocated due to capacity insufficiencies and bureaucratic obstacles, resulting in unsafe environments and the inability to provide adequate services for victims. Officials often placed child trafficking victims in state-run orphanages or with their families due to a lack of specialized care available. Adult male victims were directed to homeless shelters due to the absence of shelters available for male victims. The NRM noted victims could leave shelters at any time but only if accompanied by a social worker. Foreign victims were entitled to the same benefits as Kyrgyzstani citizens; however, observers reported that foreign victims faced difficulties accessing services, including shelters. The government reported collaborating with civil society to provide assistance to eight foreign human trafficking victims. NGOs reported there were no long-term support services available for trafficking victims. The government established regional departmental commissions that met periodically on the implementation of the NRM and were tasked with providing assistance to trafficking victims; however, they did not report providing any assistance. With support from a foreign donor, the government took steps to repatriate 99 highly vulnerable women and children born to Kyrgyzstani nationals who had traveled alongside relatives to armed conflict zones in Syria.

Investigative judges had the ability to receive victim witness testimony via video; however, the government did not report if any victims benefitted from this provision. Victims were eligible for free legal assistance when they participated in criminal proceedings; however, the government did not report if this assistance was provided. Trafficking victims were also eligible for pro bono legal services; however, civil society previously reported concerns with the quality of lawyers or psychologists provided by the government. The NRM had specific instructions on maintaining the confidentiality of a victim’s personal information; however, observers reported some law enforcement officials reportedly shared victim contact information with traffickers and the media. The government did not maintain or implement child-friendly procedures for the investigation or prosecution of cases. Previous reports indicated women survivors of violence, which may include trafficking victims, faced multiple barriers to accessing services and justice due to a lack of response from authorities, shame, and harmful stereotypes and practices, which were compounded by a lack of shelters and other services. In 2023, trafficking victims were added as beneficiaries of the Program of State Medical Guarantees, which granted them access to free medical support. According to the law, victims were eligible for restitution from defendants; however, no cases were reported. Article 166 of the criminal code exempted victims from criminal liability for low-level criminal acts committed as a direct result of being trafficked; but, due to inconsistent use of formal identification procedures, authorities reportedly misidentified or penalized some unidentified victims. The government did not provide legal alternatives to the removal of foreign victims to countries in which they would face hardship or retribution.

The government slightly increased efforts to prevent trafficking. The Ministry of Labor, Social Development and Migration (MOL) served as the anti-trafficking national coordinating body and led the anti-trafficking interagency working group, which met quarterly. The government had a 2022-2025 NAP; the NAP was not funded from the state budget and most activities were supported by international organizations and NGOs. The government continued to conduct awareness campaigns in cooperation with international organizations and NGOs. The government lacked a uniform system of collecting data on its anti-trafficking efforts, which continued to hinder planning and coordination of initiatives. The government did not operate a trafficking-specific hotline; an NGO operated hotline reported identifying trafficking cases from received calls.

The government, with the support of an international organization, continued to operate the Center for Employment of Citizens Abroad, under MOL. The Center provided 129,498 individuals (66,325 in 2022), including via online channels and a hotline, with information on employment services, vacancy advertisements, and licensed foreign labor recruitment agencies; it carried out awareness-raising activities on safe migration and legal employment of citizens abroad and offered pre-departure orientation – which included trafficking prevention – for jobseekers. The government, in partnership with a foreign donor, developed an online platform to provide migrants with information regarding safe migration. The government maintained a publicly available database of private employment agencies with information on agencies licensed by the government. By law, recruitment agencies could charge a maximum pre-departure fee of 1,000 Kyrgyzstani Soms ($11) to Kyrgyzstani migrant workers seeking employment overseas, but some charge significantly more; 135 agencies out of the 160 agencies licensed by the government charged workers fees. Foreign workers were required to receive a reissued work visa and work permit if they changed employers. In December 2023, the government extended its moratorium, initiated in October 2022, on routine and unannounced labor inspections by one year, which increased difficulties in ensuring compliance with the Kyrgyz Republic’s labor laws – inspections for violations of labor laws or workplace safety were exempt. The government reported the labor inspectorate conducted 1,155 inspections based on citizen complaints and no unannounced inspections between January and October, compared with 711 inspections and 176 unannounced inspections the previous reporting period. Observers reported the labor inspectorate was underfunded and understaffed and inspectors often did not assess penalties or refer cases to law enforcement, instead providing employers time to make corrections. Observers reported inspectors rarely travelled to regions outside of Bishkek for inspections. The government provided limited training for labor inspectors; observers reported the training was insufficient. The government exchanged best practices related to labor inspections with other countries in the region. In 2023, the government signed an MOU with the government of Japan to facilitate employment opportunities for Kyrgyzstani citizens. The MOL signed agreements with foreign companies to directly employ Kyrgyzstani citizens abroad with guaranteed salaries and benefits – foreign companies employed 13,319 individuals under these agreements. Observers previously reported some government officials harassed labor union activists. The Ministry of Foreign Affairs maintained satellite offices in Russia, which continued to be the primary destination country for Kyrgyzstani labor migrants. The government trained its diplomatic personnel on human trafficking and continued to collaborate with civil society to train consular officers on victim identification. The government did not make efforts to reduce the demand for commercial sex acts.

As reported over the past five years, human traffickers exploit domestic and foreign victims in the Kyrgyz Republic, and they exploit victims from the Kyrgyz Republic abroad. Adult male labor migrants working abroad are reportedly at the highest risk of trafficking. Kyrgyzstani men, women, and children are exploited in forced labor in Russia and Kazakhstan, and to a lesser extent in Türkiye, Kuwait, Georgia, Ukraine, and other European countries, as well as within the Kyrgyz Republic – specifically in agriculture, construction, trucking, service sectors, textiles, domestic service, and childcare. Young men and women from rural areas and low-income families, children in the child welfare system, and orphans are vulnerable to trafficking. As a result of a Russian labor migrant reentry ban, applicable to migrants who allegedly violated Russian laws, several Kyrgyzstani migrants are unable to return legally to Russia for work; some unemployed Kyrgyzstani migrant workers likely remain undocumented in Russia. Experts assess that traffickers may leverage threats of deportation as a coercive tool to exploit migrants in forced labor or sex trafficking. Kyrgyzstani families on the “Russian blacklist” often send their children to work in Russia, where they are vulnerable to trafficking. Russia continues to be a major destination for Kyrgyzstani labor migrants, but due to economic disruptions, fluctuations in the Russian ruble’s exchange rate, and conscription into military service as a result of Russia’s full-scale invasion of Ukraine, many may become vulnerable to trafficking as they may be compelled to return to the Kyrgyz Republic or encouraged to seek new job opportunities. Observers have reported some children, mostly teenage girls, have been forced to repay family debts by working in Russia and Kazakhstan as nannies and domestic workers – these children are also vulnerable to sex trafficking. Some Kyrgyzstani migrants in Russia, including those detained in Russian prisons, are forced or fraudulently recruited to fight in Russia’s war against Ukraine, some under the promises of Russian citizenship. Kyrgyzstani nationals employed by Russian companies operating in Russian-occupied territories of Ukraine may be vulnerable to trafficking. Kyrgyzstani citizens are recruited to work in construction in Russian-occupied territories in Ukraine but are later conscripted into the Russian military. Kyrgyzstani citizens traveling to the United States irregularly, through multiple countries, including in Latin America and Europe, may become vulnerable to trafficking.

Within the Kyrgyz Republic, the practice of “bride kidnapping” by Kyrgyzstani men continues to place women and girls at risk of forced marriage that may subsequently lead to sex trafficking and forced labor. Reported cases of violence against women and girls, including those with disabilities, have significantly increased in the Kyrgyz Republic – along with obstacles to accessing justice and services – and may drive victims to seek and accept unsafe employment opportunities and migrate through unofficial migration channels, which can then be exploited by traffickers. Some traffickers exploit girls in sex trafficking in nightclubs and massage parlors, often under the influence of drugs; traffickers then exploit victims’ substance use to maintain control and as a means of coercion. Observers noted a pronounced increase in the use of fraudulent online recruitment channels by trafficking syndicates, including through social media platforms and online marketplaces. International organizations reported victims of sex trafficking are forced to perform live streaming sex acts. Observers reported some trafficking victims are forced to recruit other victims for sex trafficking. Traffickers exploit Kyrgyzstani women and girls in sex trafficking abroad in India, Kazakhstan, Russia, the Republic of Korea, Türkiye, the United Arab Emirates (UAE), and within the country. Women and teenage girls from Uzbekistan and Tajikistan may be exploited in sex trafficking in Kyrgyz Republic; the southern region is increasingly becoming a destination for traffickers to exploit Uzbekistani and Tajikistani citizens in sex and labor trafficking, including in the agriculture, construction, and service sectors. Some Uzbekistani migrants face extortion by Kyrgyzstani border guards, which increases their risk to trafficking. Some Uzbekistani migrants are exploited in forced labor in the construction sector in the Kyrgyz Republic. Some men and women from Uzbekistan, Tajikistan, and Turkmenistan transit the country as they migrate to Russia, Kazakhstan, the UAE, and Türkiye, where they may be exploited in sex and labor trafficking. People’s Republic of China (PRC) nationals employed at mining and construction projects under the auspices of the Belt and Road Initiative within the Kyrgyz Republic experience conditions indicative of forced labor.

Unaccompanied children who engage in begging and children engaged in domestic work – often in the homes of extended family members – are vulnerable to traffickers. Some Kyrgyzstani children are vulnerable to forced labor in agriculture, brick and dried fruit production, walnut harvesting, coal mines, animal husbandry, restaurants, markets, construction, and trash collection. People with disabilities and children of migrant workers abroad are vulnerable to trafficking, including in forced criminality and sex trafficking. Observers reported some Kyrgyzstanis are forced to smuggle drugs domestically and abroad, including in Russia. Some members of the LGBTQI+ community may be vulnerable to trafficking. Pervasive social stigma and reports of police brutality against LGBTQI+ individuals attempting to report crimes may dissuade LGBTQI+ trafficking victims from seeking assistance. Some Kyrgyzstani men who traveled to Syria, Iraq, and Afghanistan to fight alongside or seek employment within armed groups brought their families with them, at times under deception. The Kyrgyzstani citizens left in these conflict zones, including children, may be at risk of trafficking, including in refugee camps in Syria. Kyrgyzstani children in these camps are at risk of recruitment by armed groups.