VZCZCXYZ0000
RR RUEHWEB

DE RUEHEK #1518/01 3550537
ZNR UUUUU ZZH
R 210537Z DEC 07
FM AMEMBASSY BISHKEK
TO RUEHC/SECSTATE WASHDC 0491
INFO RUEHGV/USMISSION GENEVA 0806
RUEHC/DEPT OF LABOR WASHDC

UNCLAS BISHKEK 001518 
 
SIPDIS 
 
SIPDIS 
 
DEPT FOR SCA/CEN (GEHRENBECK), DRL/IL (DANG) 
DOL/ILAB FOR TINA MCCARTER 
 
E.O. 12958: N/A 
TAGS: ELAB EIND ETRD PHUM SOCI KG
SUBJECT: KYRGYZ REPUBLIC: 2007 CHILD LABOR INFORMATION FOR 
THE TRADE AND DEVELOPMENT ACT 
 
REF: STATE 158223 
 
¶1. This cable provides Embassy Bishkek,s child labor update 
for the Kyrgyz Republic for subsequent inclusion in the 2007 
Trade and Development Act Report.  Feedback below is tied to 
the specific questions outlined in reftel. 
 
Section A: Laws and regulations proscribing the worst forms 
of child labor. 
 
A.1. What laws have been promulgated on child labor, such as 
minimum age(s) for employment or hazardous forms of work? 
Are there exceptions to the minimum age law? 
 
The Government of Kyrgyzstan (GOKG), jointly with 
international organizations and domestic NGOs, developed the 
"Children,s Code" and adopted it on August 10, 2006.  The 
Code is aimed at protecting civil, social, political, 
cultural and economical rights and interests of children. 
 
In May 2004, the Kyrgyz parliament adopted a new Labor Code, 
which former President Akayev signed into law on August 4, 
¶2004.  The sections of the law pertaining to child labor in 
the new code were described in the 2004 Child Labor Report. 
The minimum age for employment is 16; this is consistent with 
the age for completing educational requirements.  In some 
exceptional cases, 14-year-old children can be employed given 
their parents' or guardians' written consent.  In such cases, 
children's work time should not exceed 5 hours per day and 
they should not do any hard or hazardous work. 
 
A.2  What laws have been promulgated on the worst forms of 
child labor, such as forced child labor and trafficking or 
child prostitution and pornography?  What is the country's 
minimum age for military recruitment? 
 
In addition to its ratification of Convention 182 as well as 
the May 2004 Labor Code, the Kyrgyz president endorsed in 
August 2006 a Children's Code which contains articles 
addressing trafficking of children, child prostitution and 
child pornography.  The October 2007 version of the Kyrgyz 
constitution also prohibits child labor. 
 
Although a December 1992 Kyrgyz law permits the conscription 
of citizens from the age of 18 into regular military service, 
additional portions of the same law state that "male citizens 
of the Kyrgyz Republic, who have expressed their willingness 
to study in military educational institutions, be allowed to 
enter those military institutions if they reach the age of 17 
in the year when they start their studies in that military 
institution." 
 
A.3  If the country has ratified Convention 182, has it 
developed a list of occupations considered to be worst forms 
of child labor, as called for in Article 4 of the Convention? 
 
The GOKG ratified Convention 182 in December 2003.  In June 
2005, the Kyrgyz Ministry of Labor drafted a decree in which 
the worst forms of child labor were defined using ILO 
terminology.  The GOKG signed the decree in October 2005. 
 
Section B: Regulations for implementation and enforcement of 
proscriptions against the worst forms of child labor. 
 
B.1.  What legal remedies are available to government 
agencies that enforce child labor laws (criminal penalties, 
civil fines, court orders,) and are they adequate to punish 
and deter violations? 
 
Article 406 of the Labor Code holds employers responsible for 
any violation of laws governing employment. 
 
Article 124 punishes the recruitment of people for 
exploitation, including minors, with up to eight years in 
prison. 
 
Article 125 punishes the illegal restriction of freedom, 
including underage children (unrelated to kidnapping), with 
7-10 years in prison. 
 
Article 142 punishes a violation of labor safety regulations 
with up to five years in prison. 
 
Article 143 punishes a violation of labor laws with a fine of 
up to USD120 or a ban from working in certain occupations for 
up to five years. 
 
Administrative Code: 
 
 
Article 65 punishes for not fulfilling responsibilities for 
upbringing and nurturing minors with a fine up to USD12. 
 
Article 71 punishes for violation of Labor Safety Regulations 
by an employer with a fine up to USD70. 
 
Article 72 punishes for not following labor laws with a fine 
of up to USD90. 
 
Article 85 punishes for violation of Laws on Health 
Protection with a fine up to USD22. 
 
However, these remedies are not adequate to deter violations. 
 Many child labor cases are hard to document and prosecute 
because employers do not sign work contracts with children. 
Additionally, there is a lot of hidden child labor.  Many 
poor, rural children work in the fields or on family farms. 
Children in the south often work in cotton and tobacco fields. 
 
B.2.  To what extent are complaints investigated and 
violations addressed? 
 
The General Prosecutor's Office, the Labor Ministry and the 
State Labor Inspectorate claim that they investigate all 
reported violations and take whatever legal actions they deem 
appropriate. 
 
B.3.  What level of resources does the government devote to 
investigating child labor cases throughout the country?  How 
many inspectors does the government employ to address child 
labor issues? How many child labor investigations have been 
conducted over the past year?  How many have resulted in 
fines, penalties, or convictions? 
 
The GOKG does not employ specific child labor inspectors. 
Regular labor inspectors and investigators do this job.  The 
General Prosecutor,s Office reported 48 checks of compliance 
with child labor laws during the first six months of 2007. 
The checks resulted in 14 recommendations and 11 instructions 
to eliminate the violations, 89 warnings of legal punishment 
and two disciplinary punishments. 
 
B.4. Has the government provided awareness-raising and/or 
training activities for government officials charged with 
enforcing child labor laws? 
 
The GOKG established the Coordination Council on the 
Elimination of the Worst Forms of Child Labor in 2003. 
 
Agricultural, commercial, medicinal, and educational trade 
unions have joined with ILO, UNI, AUF, the International 
Confederation of Free Trade Unions and Kyrgyz officials to 
conduct a series of seminars and round tables aimed at 
eliminating the worst forms of child labor in all provinces 
of Kyrgyzstan.  Local authorities, teachers, and family 
doctors were asked to explain the consequences of child labor 
exploitation on local populations.  Beginning in 2002, the 
aforementioned trade unions and the GOKG have conducted round 
tables on child labor. 
 
In September 2004, the ILO launched a project related to the 
implementation of Convention 182 in Kyrgyzstan.  Several 
seminars advised government officials, parliamentarians and 
NGOs on ways to implement the provisions of UN Convention 
¶182. 
 
Section C: Whether there are social programs specifically 
designed to prevent and withdraw children from the worst 
forms of child labor? 
 
C.1. What initiatives has the government supported to prevent 
children from entering exploitive work situations, to 
withdraw children engaged in such labor, and to advocate on 
behalf of such children involved in such employment and their 
families? 
 
The GOKG established the Coordination Council on Issues of 
Child Labor on August 25, 2003.  In July 2005, the 
Coordination Council held a session with representatives of 
the GOKG, the Federation of Trade Unions, the Confederation 
of Employers and the ILO.  This Council has been tasked with 
monitoring child labor as well as promoting and coordinating 
activities like monitoring NGOs, employers, employees and the 
government's legislative activities.  The Council's goals are 
the elimination of the worst forms of child labor, the 
development of a nation-wide policy on child labor issues, 
and the establishment and implementation of priorities.  The 
 
Council, headed by a deputy prime minister, was instrumental 
in ratifying ILO Convention 182. 
 
Although the Council pledged to have four annual meetings, it 
does not appear that the Council has met since July 2005. 
Apparently the rapid turnover and long vacancies in the 
deputy prime ministerial position have prevented the 
assembling of this Council for a meeting. 
 
The Ministry of Education and "Every Child" NGO jointly run a 
project to protect the rights of children working at bazaars 
in the southern Kyrgyz cities of Osh and Karasu.  The project 
was launched in August 2004 and provides training courses on 
children,s rights and labor laws for working children and 
relevant local government officials. 
 
The Child Protection Center NGO has run a similar project in 
Bishkek since August 1998.  Two rehabilitation centers were 
opened in Bishkek,s large markets where child labor is used 
for street cleaning, selling snacks and beverages, and for 
carrying loads.  This NGO provides legal assistance for 
working children and sends them to technical schools where 
they can learn new professions. 
 
The Employment Bureau for Young People (EBYP) continues to 
help young people, including the physically handicapped, find 
employment.  Available positions include washing-machine 
operators, couriers, advertising agents, gardeners, street 
cleaners and vegetable collectors.  In addition, EBYP trains 
computer operators, seamstresses, welders and vehicle 
mechanics.  EBYP usually hires youth to work for three to 
four hours.  EBYP conducts information campaigns for 
teenagers on the labor market situation through the mass 
media, information boards, etc.  EBYP publishes booklets 
containing information on child labor laws, regulations, job 
hunting, resume writing, preparing for interviews and what to 
look for when signing a contract.  EBYP opened an office in 
the southern province of Batken, where the socio-economic 
situation is especially difficult.  In cooperation with the 
Batken Administration, EBYP assists young ethnic Kyrgyz 
living in Tajikistan along the Kyrgyz border in finding jobs 
on farms, construction companies and processing plants in the 
Batken province as well as Bishkek.  They also offer some 
training on how to run a business. 
 
Section D: Does the country have a comprehensive policy aimed 
at the elimination of the worst forms of child labor? 
 
D.1. Does the country have a comprehensive policy or national 
program of action on child labor or specific forms of child 
labor?  Does the country incorporate child labor specifically 
as an issue to be addressed in poverty reduction, 
development, educational or other social policies or 
programs, such as Poverty Reduction Strategy Papers, etc?  If 
so, to what degree has the country implemented the policy 
and/or program of action and achieved its goals and 
objectives? 
 
The working group of the GOKG's "New Generation" Program met 
most recently on November 9, 2007.  The "New Generation" 
Program focuses on the implementation of children's rights, 
particularly in defining suitable working conditions for 
children.  The program also focuses on creating employment 
opportunities for graduates of vocational training schools by 
providing jobs at state and private enterprises, introducing 
new methods of monitoring to ensure employers follow labor 
legislation and formulating legal methods to prevent 
homelessness. 
 
In 2006, the GOKG drafted a state program on the elimination 
of the worst forms of child labor for 2007-2011.  The program 
envisages activities aimed at removing children from the 
worst forms of child labor and their social adaptation. 
 
D.2.  Is education free in law and in practice?  Is education 
compulsory in law and in practice? 
 
In accordance with the new constitution, adopted by 
referendum on October 21, 2007, general education is 
compulsory and free in the Kyrgyz Republic.  These 
requirements are enforced. 
 
Section E: Is the country making continual progress toward 
eliminating the worst forms of child labor? 
 
E.1.  Posts are asked to indicate in what sectors/work 
activities/goods are children involved and how has this 
changed over the past year. 
 
 
According to the Agricultural and Commercial Trade Unions, 
child labor is still widely exploited in agriculture and 
trade, including work that is hazardous to one's health.  The 
most common of these occupations are: 
-     growing tobacco, rice and cotton; 
-     breeding cattle; 
-     stocking animal feed; 
-     working at gas stations; 
-     retail trade; 
-     hauling goods around markets; 
-     washing cars; and 
-     housekeeping. 
 
Post has not observed any significant change in the 
employment of children over the past year.  A BBC report 
earlier this year depicted children working in coal mines in 
southern parts of the country.  Post has not seen any 
evidence of any investigation of this activity. 
 
E.2.  Please provide information on industries where child 
labor occurs as well as specific tasks in which children are 
involved and goods they produce, if available.  Please also 
provide information on age and gender of working children, 
disaggregated by industry/work activity/good, if possible. 
 
Available information is provided above. 
 
E.3.  To what extent are children working in slavery or 
practices similar to slavery, such as debt bondage, serfdom, 
and forced or compulsory labor?  Please indicate industries 
where this occurs and, if applicable, specific goods that 
such children produce. 
 
Post is not aware of any cases of children being reported to 
be slaves or employed in conditions similar to slavery. 
According to the Kyrgyz Ministry of Labor and Social 
Development, there have been no reports of child slavery or 
forced work as of July 1, 2007. 
 
E.4.  To what extent are children trafficked to work?  Are 
children trafficked for commercial sex or for labor 
exploitation?  If labor-related, what specific industries or 
for the production of what specific goods are children known 
to be trafficked?  Are they trafficked across national 
borders or within the country? 
 
While there are no reliable data on the number of children 
trafficked, it appears that there is some internal 
trafficking of children for the purposes of sexual 
exploitation and labor.  As very little information is 
available about trafficking of children, it is likely that 
trafficked children may be employed in those same sectors 
listed above.  The International Labor Organization has noted 
the use of some trafficked children to sell and distribute 
illegal drugs.  There is no readily available information 
about the trafficking of children to destinations outside of 
the Kyrgyz Republic. 
 
YOVANOVITCH