Document #2082756
USDOL – US Department of Labor (Author)
In 2021, the Kyrgyz Republic made minimal advancement in efforts to eliminate the worst forms of child labor. The President of the Kyrgyz Republic signed a decree to improve children's access to and the quality of primary and secondary education. The Ministry of Labor, Social Development, and Migration and the Ministry of Internal Affairs also continued development of the 2022–2025 National Action Plan to Combat Trafficking in Persons, and in December 2021, finalized and sent it to the Cabinet of Ministers for review and consideration for adoption. However, despite new initiatives to address child labor, the Kyrgyz Republic is assessed as having made only minimal advancement because it continued to implement a law and practice that delays advancement to eliminate child labor. Although the government's moratorium on labor inspections expired on January 1, 2022, the moratorium remained in place throughout 2021. The government amended this moratorium in 2020 to permit labor inspections based on formal complaints; however, the Ministry of Economy was required to approve worksite visits associated with such inspections, and in practice, it announced these visits in advance. The restrictions placed on unannounced inspections may have allowed potential violations of child labor laws and other labor abuses to go undetected in workplaces. The COVID-19 pandemic and a large-scale reorganization of government ministries further restricted the government's ability to address child labor issues. The government did not provide complete information on its labor or criminal law enforcement efforts for inclusion in this report. Children in the Kyrgyz Republic are subjected to the worst forms of child labor, including in commercial sexual exploitation. Children also engage in child labor in agriculture. Protections to children granted in the Labor Code, such as the minimum age of employment, are not extended to children engaged in non-contractual employment, and research indicated that labor law enforcement efforts are not targeted to all sectors in which children are vulnerable to child labor, especially agriculture. In addition, the scope of social programs to address child labor is insufficient to fully address the extent of the problem.
Children in the Kyrgyz Republic are subjected to the worst forms of child labor, including in commercial sexual exploitation. (1-3) Children also engage in child labor in agriculture. (1,3-5) Table 1 provides key indicators on children’s work and education in the Kyrgyz Republic. Data on some of these indicators are not available from the sources used in this report.
Children |
Age |
Percent |
---|---|---|
Working (% and population) |
5 to 14 |
34.0 (Unavailable) |
Attending School (%) |
5 to 14 |
94.7 |
Combining Work and School (%) |
7 to 14 |
38.4 |
Primary Completion Rate (%) |
108.1 |
Source for primary completion rate: Data from 2020, published by UNESCO Institute for Statistics, 2022. (6)
Source for all other data: International Labor Organization's analysis of statistics from Multiple Indicator Cluster Survey 6 (MICS6), 2018. (7)
Based on a review of available information, Table 2 provides an overview of children’s work by sector and activity.
Sector/Industry |
Activity |
---|---|
Agriculture |
Cultivating or harvesting cotton, walnuts, tobacco,† rice, potatoes, beans, dried fruits, and onions (1,4,5,8-13) |
Herding cattle (1-3) |
|
Industry |
Coal mining† (1,4,14) |
Brickmaking (12,14) |
|
Construction, including lifting and portering construction materials, and cutting metal sheets for roofs (1,4,5,12,15) |
|
Services |
Working in bazaars and markets, including portering, shining shoes, and selling items, including food and beverages (8,11,14) |
Washing and repairing cars (1,5,12) |
|
Working in restaurants and cafes (5,8,12,14) |
|
Street work, including begging and shoe shining (10,11) |
|
Domestic work, including child care (4,5,10,16) |
|
Categorical Worst Forms of Child Labor‡ |
Commercial sexual exploitation (3,12,17) |
Use in illicit activities, including trafficking drugs, as a result of human trafficking (18) |
† Determined by national law or regulation as hazardous and, as such, relevant to Article 3(d) of ILO C. 182.
‡ Child labor understood as the worst forms of child labor per se under Article 3(a)–(c) of ILO C. 182.
Child labor, including hazardous child labor, is most prevalent in Naryn and Osh provinces. (4) Children from the Kyrgyz Republic who travel to Kazakhstan to work, either with their parents or unaccompanied, cannot attend school due to a lack of documentation. These children engage in child labor in Kazakhstan in construction, farming, herding, or selling products in markets; some fall victim to forced child labor. (16,19) Within the Kyrgyz Republic, children of labor migrants have been identified engaging in child labor in markets. (20)
The inability to enroll in school makes children from a variety of circumstances vulnerable to child labor. School registration documentation requirements continue to prevent some children from enrolling in schools, particularly children whose parents are labor migrants. (1) According to UNICEF, an estimated 650,000 to 750,000 citizens of the Kyrgyz Republic work abroad, and an additional 1 million are internal migrants. Some children, who have either migrated to the Kyrgyz Republic with their parents or were left behind when their parents migrated to work in other countries or other areas of the Kyrgyz Republic, cannot access their birth certificates or guardianship documents, which are required for school enrollment. (9,21) Children living in rural areas, and those with disabilities also have difficulty accessing education. (1,12) In rare cases, some parents prevent children from attending school for religious reasons. (1,9,22)
The Kyrgyz Republic has ratified all key international conventions concerning child labor (Table 3).
Convention |
Ratification |
---|---|
ILO C. 138, Minimum Age |
✓ |
ILO C. 182, Worst Forms of Child Labor |
✓ |
UN CRC |
✓ |
UN CRC Optional Protocol on Armed Conflict |
✓ |
UN CRC Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography |
✓ |
Palermo Protocol on Trafficking in Persons |
✓ |
The government has established laws and regulations related to child labor (Table 4). However, gaps exist in the Kyrgyz Republic’s legal framework to adequately protect children from the worst forms of child labor, including the minimum age for work.
Standard |
Meets International Standards |
Age |
Legislation |
---|---|---|---|
Minimum Age for Work |
No |
16 |
Articles 6 and 18 of the Labor Code (23) |
Minimum Age for Hazardous Work |
Yes |
18 |
Articles 294 and 446 of the Labor Code; Article 72 of the Code on Administrative Liability; Article 15 of the Code on Children (23-25) |
Identification of Hazardous Occupations or Activities Prohibited for Children |
Yes |
Article 294 of the Labor Code; Decree 565 on the List of Works Prohibited for Persons Under Age 18 (23,26) |
|
Prohibition of Forced Labor |
Yes |
Articles 10 and 446 of the Labor Code; Article 15.2 of the Code on Children; Article 1 of the Law on Preventing and Combating Human Trafficking; Articles 166 and 170 of the Criminal Code (23,24,27,28) |
|
Prohibition of Child Trafficking |
Yes |
Article 1 of the Law on Preventing and Combating Human Trafficking; Articles 166 and 167 of the Criminal Code (27,28) |
|
Prohibition of Commercial Sexual Exploitation of Children |
No |
Articles 166–168 of the Criminal Code; Articles 5 and 15 of the Code on Children (24,27) |
|
Prohibition of Using Children in Illicit Activities |
Yes |
Articles 19, 180, 181, 282, and 283 of the Criminal Code; Articles 5 and 15 of the Code on Children (24,27) |
|
Minimum Age for Voluntary State Military Recruitment |
Yes |
18 |
Article 24.1 of the Law on Military Service (29) |
Prohibition of Compulsory Recruitment of Children by (State) Military |
Yes |
Articles 17.1 and 22.1 of the Law on Military Service; Article 392 of the Criminal Code (27,29) |
|
Prohibition of Military Recruitment by Non-state Armed Groups |
Yes |
Articles 392 and 395 of the Criminal Code (27) |
|
Compulsory Education Age |
Yes |
17‡ |
Article 16 of the Law on Education (30) |
Free Public Education |
Yes |
Article 16 of the Law on Education (30) |
‡ Age calculated based on available information (30)
In December 2021, the President of the Kyrgyz Republic published the decree “On Urgent Measures to Secure the Constitutional Right of Children,” which establishes a framework to improve access to primary and secondary education, as well as the quality of that education. The decree requires government bodies to identify and enroll children who are below the minimum age for education but not enrolled in classes, and to draft legislation holding parents and guardians responsible for interfering with a child's access to education. (1,31) The decree also tasks the Ministry of Labor, Social Development, and Migration to identify vulnerable children and provide assistance in the form of school uniforms and supplies. (1,31)
The labor law governing the minimum age for work is not in compliance with international standards because it does not apply to informal work. According to Article 6 of the Labor Code, protections to children granted in the Labor Code, such as the minimum age for employment, are not extended to children engaged in non-contractual employment. (23) In addition, as the minimum age for work stated in the Labor Code is lower than the compulsory education age, children may be encouraged to leave school before the completion of compulsory education. (30,32)
Article 18 of the Labor Code prohibits children age 14 from working during school hours, and requires that parents give written permission for children age 14 to work. Children age 15 may work only for employers who have received permission from a worker's organization or a government regulatory body. (23) Articles 91 and 95 of the Labor Code also restrict the number of hours that children under age 16 may engage in light work. Children ages 14 and 15 may not work more than 24 hours per week, and daily shifts may not exceed 5 hours during school breaks or 2.5 hours when school is in session. (23) However, the Kyrgyz Republic does not have a list of activities in which light work may be permitted. (33)
Although Article 166 of the Criminal Code criminalizes the involvement of children in prostitution, no law clearly criminalizes the users (clients) of prostitution involving children. In addition, prohibitions under Article 167 against offering children for prostitution do not cover children ages 16 and 17. (27,34)
The government has established institutional mechanisms for the enforcement of laws and regulations on child labor (Table 5). However, the absence of unannounced inspections conducted at the national level in the Kyrgyz Republic may have impeded the enforcement of child labor laws.
Organization/Agency |
Role |
---|---|
Ministry of Labor, Social Development, and Migration |
Monitors worksites and refers child laborers to social services. Coordinates with the Inspectorate for Minors’ Affairs in the Ministry of Internal Affairs (MOIA), the Prosecutor General’s Office, and regional State District Administration authorities to enforce child labor laws. (1,12,14,32) In 2021, the State Inspectorate on Ecological and Technical Safety was dissolved and its labor inspection functions were transferred to the newly expanded Ministry of Labor, Social Development, and Migration. (1) |
Ministry of Internal Affairs (MOIA) |
Enforces criminal laws related to child labor, including its worst forms. Conducts independent inspections and joint raids with the Ministry of Labor, Social Development, and Migration to identify violations, which can be referred to the Prosecutor General's Office for prosecutorial action. (1,12) |
Prosecutor General’s Office |
Implements and enforces state policy and law related to child protection, including guaranteeing children's rights and enforcing laws prohibiting the worst forms of child labor by identifying and prosecuting offenders. (1,2) |
National Referral Mechanism |
Establishes procedures and policies for (a) identification of victims of human trafficking, (b) referrals for and provision of social services to victims, and (c) protection of victims' personal data. (35,36) |
Helpline for Children |
Hotline operated by the Ministry of Labor, Social Development, and Migration through which children, parents, and legal guardians can report child abuse and exploitation, including the worst forms of child labor, and receive referrals for services. (37,38) |
In 2021, the COVID-19 pandemic and an extensive government reorganization severely limited the capacity of several ministries as resources were diverted from many areas to address the ongoing crisis. (1,19)
Labor Law Enforcement
In 2021, lack of authorization to conduct unannounced inspections in the Kyrgyz Republic may have impeded the enforcement of child labor laws (Table 6).
Overview of Labor Law Enforcement |
2020 |
2021 |
---|---|---|
Labor Inspectorate Funding |
Unknown (39) |
Unknown (1) |
Number of Labor Inspectors |
27 (8) |
Unknown (1) |
Mechanism to Assess Civil Penalties |
Yes (23) |
Yes (23) |
Initial Training for New Labor Inspectors |
Yes (40) |
Unknown (1) |
Training on New Laws Related to Child Labor |
Yes (40) |
Unknown (1) |
Refresher Courses Provided |
No (8) |
Unknown (1) |
Number of Labor Inspections Conducted |
Unknown |
Unknown (1) |
Number Conducted at Worksite |
Unknown |
Unknown (1) |
Number of Child Labor Violations Found |
206† (2,8) |
103‡ (1) |
Number of Child Labor Violations for Which Penalties Were Imposed |
7 (2) |
Unknown (1) |
Number of Child Labor Penalties Imposed that Were Collected |
Unknown |
Unknown (1) |
Routine Inspections Conducted |
Yes (8) |
Unknown (1) |
Routine Inspections Targeted |
Yes (2,8,39) |
Unknown (1) |
Unannounced Inspections Permitted |
No (41,42) |
No (41,42) |
Unannounced Inspections Conducted |
No (39) |
Yes (1) |
Complaint Mechanism Exists |
Yes (39) |
Unknown (1) |
Reciprocal Referral Mechanism Exists Between Labor Authorities and Social Services |
Yes (39) |
Unknown (1) |
† Data are from January 1, 2020, to September 30, 2020.
‡ Data are from January 1, 2021, to September 30, 2021.
The government extended a 2019 moratorium on inspection of business enterprises until January 1, 2022. The moratorium was revised in 2020 to permit labor inspections, but only on the basis of a formal complaint and with 10 days advance notice to the employer. (1,43-46) Although the moratorium expired at the beginning of 2022, during the reporting period, these restrictions on unannounced inspections severely limited the State Inspectorate's ability to detect violations of labor laws, including those related to child labor. (1,8) The government did not provide information regarding a number of labor inspection metrics, including the budget of the labor inspectorate, number of inspectors, and number of inspections conducted in 2021.
Although the inspection moratorium continued to prevent labor inspectors from performing routine and unannounced inspections, the Ministry of Internal Affairs (MOIA) conducted a series of independent, unannounced raids to identify and assist children engaged in child labor, including those subjected to its worst forms. (1) In 2021, the MOIA reported conducting 39 raids between January and September, through which authorities identified 103 child labor violations. Information was unavailable regarding the number of violations that MOIA referred to the Ministry of Labor, Social Development, and Migration and whether penalties were imposed in response to child labor violations identified during these raids. (1)
Research was unable to determine the number of inspectors employed by the Kyrgyz Republic in 2021. However, in 2020, the State Inspectorate employed 27 labor inspectors, and it is likely that the number of labor inspectors remains insufficient for the size of the Kyrgyz Republic’s workforce, which includes more than 2.5 million workers. (8,39,47) According to the ILO’s technical advice of a ratio approaching 1 inspector for every 20,000 workers in transitioning economies, the Kyrgyz Republic would employ about 128 labor inspectors. (48,49) Sources also report that the majority of enforcement activities to detect child labor is concentrated in markets in Bishkek and Osh, with few inspections or raids undertaken to detect child labor in agriculture. (39) The Prosecutor General's Office noted that enforcement agencies rarely undertake efforts to detect child labor in rural areas, in which children are vulnerable to child labor in crop cultivation and cattle herding. (2) Observers have expressed concern that the labor inspection authority lacks sufficient funding to carry out inspections, although the government does not publicly release information on the level of funding for labor inspection activities because it is deemed classified. (14,39)
Research was unable to determine whether inspectors received training on child labor during the reporting period. Although the Code on Children formally provides for a child labor complaint mechanism, reports indicate that a lack of institutional capacity among labor inspectors and social workers may hinder adequate implementation of this mechanism. (12,24)
Criminal Law Enforcement
In 2021, criminal law enforcement agencies in the Kyrgyz Republic took actions to address child labor (Table 7). However, gaps exist within the operations of the criminal enforcement agencies that may hinder adequate criminal law enforcement, including prosecution planning.
Overview of Criminal Law Enforcement |
2020 |
2021 |
---|---|---|
Initial Training for New Criminal Investigators |
Yes (50) |
Yes (1) |
Training on New Laws Related to the Worst Forms of Child Labor |
Yes (37) |
Unknown (1) |
Refresher Courses Provided |
Yes (50) |
Unknown (1) |
Number of Investigations |
9‡ (2,39) |
3† (1) |
Number of Violations Found |
9‡ (2,39) |
103 (1) |
Number of Prosecutions Initiated |
2 (2) |
3 (1) |
Number of Convictions |
0 (39) |
Unknown (1) |
Imposed Penalties for Violations Related to the Worst Forms of Child Labor |
N/A |
Unknown (1) |
Reciprocal Referral Mechanism Exists Between Criminal Authorities and Social Services |
Yes (39) |
Yes (39) |
† Data are from January 1 to September 30, 2021.
‡ Data are from January 1 to September 30, 2020.
The government did not provide comprehensive information on its 2021 criminal law enforcement efforts related to child labor for inclusion in this report. However, between January and September 2021, criminal enforcement agencies reported that they initiated a total of three pretrial investigations into the worst forms of child labor for violations of Criminal Code Article 173 pertaining to forced/slave labor. (1) All three cases were dismissed for lack of evidence. (1) In order to address commercial sex operations, including the sexual exploitation of children, Kyrgyz law enforcement conducted searches of 34 saunas in Bishkek and Osh in June 2021. The government reported that 63 different crimes were discovered during these raids but did not indicate if human trafficking was among the offenses. (19)
Reports suggest that Kyrgyz police officers engage in misconduct, including allegations that police threaten and extort sex trafficking victims, including minors; reports also indicate that police accept bribes from alleged traffickers to drop cases. (18) Judicial officials have also been reported to be an obstacle to prosecution of human trafficking offenses, including those involving children, by prosecuting cases under lesser statutes, accepting bribes, or warning suspects prior to raids. (3)
The government has established mechanisms to coordinate its efforts to address child labor (Table 8). However, gaps exist that hinder the effective coordination of efforts to address child labor, including a lack of efficacy in accomplishing mandates.
Coordinating Body |
Role & Description |
---|---|
Children's Affairs Commission |
Assesses the needs of children in difficult situations, including child laborers; creates individual development plans; and monitors services delivery. Members include social workers from regional Departments of Child Protection of the Ministry of Labor, Social Development, and Migration and law enforcement authorities. (14) Operates according to the Regulations on the Procedure for the Identification of Children and Families in Difficult Situations. (51) Research was unable to determine whether the Commission was active during the reporting period. |
Coordination Council for Social Protection and Children’s Rights |
Develops policies and programs to enhance the provision of social services and guarantee children's rights. Chaired by the Deputy Prime Minister and includes members from both government and civil society. (52) Research was unable to determine whether the Coordination Council was active during the reporting period. |
Anti-Trafficking in Persons Task Force |
Parliamentary group that coordinates and oversees work to eliminate human trafficking. (53) Research was unable to determine whether the Task Force was active during the reporting period. |
Regional Trafficking in Persons Coordination Councils |
Coordinate local implementation of the National Action Plan to Combat Trafficking in Persons in all seven provincial governments and the city of Osh. (54) Research was unable to determine whether the Regional Coordination Councils were active during the reporting period. |
Reports indicate that the Children's Affairs Commission lacks adequate procedures to conduct needs assessments for traumatized children, such as those who have been subjected to commercial sexual exploitation or other worst forms of child labor, hindering its ability to effectively accomplish its mandate. (20,55) Observers have also noted that the inability of social services providers to participate in child labor investigations impedes the ability of the Children's Affairs Commission to fulfill its mandate. (39)
The government has established policies related to child labor (Table 9). However, policy gaps exist that hinder efforts to address child labor, including a lack of implementation.
Policy |
Description |
---|---|
Program for the Support of Family and Protection of Children (2018–2028) |
Includes action items on addressing child labor, including revising the hazardous work list for children, enhancing social services for vulnerable children and families, and creating an Action Plan on the Prevention and Elimination of Child Labor. (56) Research was unable to determine whether the Program was active during the reporting period. |
In November 2021, the Ministry of Labor, Social Development, and Migration was designated as the new coordinating agency for the government's National Action Plan to Combat Trafficking in Persons. The Ministry of Labor, Social Development, and Migration and the MOIA continued development of the 2022–2025 National Action Plan and in December 2021, finalized and sent it to the Cabinet of Ministers for review and consideration for adoption. (19)
In 2021, the government funded and participated in programs that include the goal of eliminating or preventing child labor (Table 10). However, gaps exist in these social programs, including the inadequacy of programs to address the full scope of the problem.
Program |
Description |
---|---|
Cash Transfer Program† |
Government-funded cash transfer program for families living in difficult situations, including families with children engaged in child labor. (39) However, based on available information, the amount of assistance appears to be low, and some families face barriers to accessing these benefits. (59,60) Research was unable to determine whether the Cash Transfer Program was active during the reporting period. |
Ministry of Education and Science (MOES) National School Attendance Database† |
Unified online database maintained by MOES to monitor school enrollment and attendance. Based on these data, government ministries and local government officials can identify and assist children who may be vulnerable to child labor. (9,39) Research was unable to determine whether the MOES Database was active during the reporting period. |
Shelters for Human Trafficking Victims† |
Includes two 24-hour shelters funded by the government and operated by NGOs that serve victims of violence of all ages, including child trafficking victims. One center is located in Bishkek and the other is in Osh. (37) MOIA also operates two daytime children's shelters, also located in Bishkek and Osh. (37) Research was unable to determine whether the shelters were operating during the reporting period. |
† Program is funded by the Government of the Kyrgyz Republic.
‡ The government had other social programs that may have included the goal of eliminating or preventing child labor. (61)
Although the Kyrgyz Republic has programs that target child labor, the scope of these programs is insufficient to fully address the extent of the problem, particularly in commercial sexual exploitation and in agriculture, including cultivating cotton.
Based on the reporting above, suggested actions are identified that would advance the elimination of child labor in the Kyrgyz Republic (Table 11).
Area |
Suggested Action |
Year(s) Suggested |
---|---|---|
Legal Framework |
Ensure that the law’s minimum age provisions apply to all children, including those working without an employment contract. |
2014 – 2021 |
Raise the minimum age for work to the age up to which education is compulsory. |
2021 |
|
Criminally prohibit and penalize the use of a child for prostitution and ensure that laws prohibiting offering of children for prostitution cover all children under age 18. |
2019 – 2021 |
|
Ensure that the law’s light work provisions specify the activities in which children may undertake light work. |
2020 – 2021 |
|
Enforcement |
Ensure that the labor inspectorate conducts routine, targeted, and unannounced labor inspections, and assesses penalties as appropriate. |
2018 – 2021 |
Publish complete information about the Ministry of Labor, Social Development, and Migration's efforts to enforce prohibitions on child labor, including information on the inspectorate's funding, the number of labor inspections conducted, and the number of penalties assessed and collected. |
2011 – 2021 |
|
Strengthen the labor inspection system by providing child labor training for new labor inspectors and provide to all labor inspectors refresher courses on child labor that include information about changes to child labor laws. |
2014 – 2021 |
|
Ensure that child labor violations identified by criminal enforcement agencies are appropriately referred to the Ministry of Labor, Social Development, and Migration. |
2020 – 2021 |
|
Significantly increase the number of labor inspectors to meet the ILO’s technical advice and ensure that inspectors have adequate resources to conduct inspections. |
2012 – 2021 |
|
Conduct targeted inspections in all sectors in which children are highly vulnerable to child labor, including in rural areas and in agriculture. |
2020 – 2021 |
|
Ensure that the Ministry of Labor, Social Development, and Migration and relevant social services providers have the capacity to adequately implement the child labor complaint mechanism. |
2019 – 2021 |
|
Publish complete information about criminal law enforcement efforts to enforce prohibitions on child labor, including information on training, number of violations found, convictions for child labor violations, and penalties imposed. |
2021 |
|
Ensure that criminal law enforcement agencies investigate, prosecute, and impose penalties for violations related to the worst forms of child labor under the appropriate statutes, including cases of possible law enforcement and judicial complicity in abusing victims and protecting offenders. |
2015 – 2021 |
|
Coordination |
Ensure that the procedures for needs assessment of the Children's Affairs Commission are appropriate for traumatized children, including children who were engaged in the worst forms of child labor. |
2019 – 2021 |
Strengthen the Children's Affairs Commission by empowering relevant social services providers to assist, as appropriate, with investigations related to child labor. |
2020 – 2021 |
|
Ensure that all coordinating bodies are able to carry out their intended mandates. |
2020 – 2021 |
|
Government Policies |
Ensure that activities are undertaken to implement government policies to address child labor and make information about implementation measures publicly available. |
2021 |
Social Programs |
Improve understanding of child labor issues in the Kyrgyz Republic by regularly collecting and maintaining data on child labor. |
2021 |
Ensure that all children have access to free education, including children with disabilities, those lacking residence registration, and those without birth certificates and guardianship documents. |
2009 – 2021 |
|
Ensure that social programs, such as the Cash Transfer Program, provide sufficient benefits to reduce vulnerability to child labor and are accessible to families. |
2019 – 2021 |
|
Expand existing programs to address the scope of the child labor problem, particularly in commercial sexual exploitation and in agriculture, including cultivating cotton. |
2014 – 2021 |
|
Ensure that activities are undertaken to implement key social programs to address child labor and make information about implementation measures publicly available. |
2021 |