VZCZCXRO0421
RR RUEHAST RUEHBI RUEHCI RUEHDBU RUEHLH RUEHLN RUEHNEH RUEHPW RUEHSK
RUEHVK RUEHYG
DE RUEHEK #0225/01 0751029
ZNR UUUUU ZZH
R 161029Z MAR 09
FM AMEMBASSY BISHKEK
TO RUEHC/SECSTATE WASHDC 1971
INFO RUCNCIS/CIS COLLECTIVE
RUCNCLS/ALL SOUTH AND CENTRAL ASIA COLLECTIVE
RUEHAD/AMEMBASSY ABU DHABI 0176
RUEHAK/AMEMBASSY ANKARA 0798
RUEHTH/AMEMBASSY ATHENS 0141
RUEHBK/AMEMBASSY BANGKOK 0173
RUEHBJ/AMEMBASSY BEIJING 2977
RUEHRL/AMEMBASSY BERLIN 0786
RUEHDM/AMEMBASSY DAMASCUS 0090
RUEHNC/AMEMBASSY NICOSIA 0096
RUEHUL/AMEMBASSY SEOUL 0248
RUEHDE/AMCONSUL DUBAI 0190
RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC
RUEAWJA/DEPT OF JUSTICE WASHDC
RUEHC/DEPT OF LABOR WASHDC
RUEATRS/DEPT OF TREASURY WASHDC

UNCLAS SECTION 01 OF 22 BISHKEK 000225 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR G/TIP, G-ACBlank, G, DRL, INL, PRM, SCA/RA, SCA/CEN 
STATE PLEASE PASS TO USAID 
 
E.O. 12958: N/A 
TAGS: KTIP KCRM PHUM KWMN ELAB SMIG KFRD PREF ASEC KG
SUBJECT: KYRGYZSTAN 2009 TRAFFICKING IN PERSONS (TIP) REPORT 
 
Ref: State 132759 
 
BISHKEK 00000225  001.2 OF 022 
 
 
¶1. (SBU) Following is Embassy Bishkek's 2009 Trafficking in 
Persons report. The report follows the response format 
outlined in reftel. 
 
U.S. Embassy Bishkek trafficking point of contact: 
Valerie J. Chittenden, Consul 
Tel: (996-312) 551-241 x 4441 
Fax: (996-312) 551-264 
Email: ChittendenVJ@state.gov 
Number of hours spent on report preparation: CONS Section: 80; P/E 
Section: 8. 
 
¶2. (SBU) Begin text: 
 
--------------------------------- 
THE COUNTRY'S TIP SITUATION: 
--------------------------------- 
 
¶A. What is (are) the source(s) of available 
information on trafficking in persons?  What plans are in 
place (if any) to undertake further documentation of 
human trafficking?  How reliable are these sources? 
 
Reliable data on the number of people trafficked is 
unavailable because no baseline study has been conducted 
since 1999. The International Organization of Migration (IOM) and 
the Kyrgyz State Committee on Migration and employment (SCME) gather 
trafficking information in their efforts to combat it. Gathering 
data on the number of Kyrgyz trafficking victims is further 
complicated by the fact that citizens of other Central Asian 
countries, such as Uzbekistan, often purchase old Kyrgyz passports 
for use in lieu of their own national travel document - causing 
victims to be misidentified in destination countries. 
 
¶B. Is the country a country of origin, transit, and/or 
destination for internationally trafficked men, women, or 
children?  Does trafficking occur within the country's 
borders?  If so, does internal trafficking occur in 
territory outside of the government's control (e.g. in a 
civil war situation)?  To where are people trafficked? 
For what purposes are they trafficked?  Provide, where 
possible, numbers or estimates for each group of 
trafficking victims.  Have there been any changes in the 
TIP situation since the last TIP Report (e.g. changes in 
destinations)? 
 
In September 2008, the Kyrgyz Parliament passed a new National 
Action Plan against Human Trafficking.  The goals of the Action Plan 
are to improve the existing TIP legislation by widening the 
definition of trafficking in persons, the increase public awareness, 
to continue to fight trafficking and to increase the social 
protections and assistance to TIP victims. With this Action Plan and 
other measures, the Government has been taking steps 
during the reporting period to address the issue of 
trafficking in persons 
 
Kyrgyzstan is a country of origin and transit, and, to a lesser 
degree, destination for internationally trafficked 
people. Internal trafficking for both labor and sexual 
exploitation also occurs, generally from poor rural areas to larger 
cities such as Bishkek in the north and Osh in the south.  There are 
no areas within the country that are outside of government control. 
 
According to IOM, NGOs, and the government, most frequently 
individuals are trafficked to Kazakhstan (to work in the 
agricultural sector, mostly on tobacco fields), Russia (industry, 
commerce, construction) and China (bonded labor); and to the UAE, 
China, South Korea, Turkey, Greece, Cyprus, Thailand, Germany, and 
Syria for sexual exploitation. IOM estimates that up to 4,000 Kyrgyz 
women work in the UAE as prostitutes; however, it is uncertain how 
 
BISHKEK 00000225  002.2 OF 022 
 
 
many of those women were trafficked.  Most of these women are 
presumed to be victims of trafficking, although no reliable studies 
on the actual number of trafficking victims has been conducted. A 
significant number of trafficking victims are also presumed to be 
working in Kazakhstan and Russia, where large numbers of Kyrgyz 
labor migrants work on farms (in Kazakhstan) and in trading, 
construction, and factories (in Russia). By various estimates, the 
number of Kyrgyz labor migrants currently working in Kazakhstan 
range from 30,000-300,000, depending on the season. Another 
250,000-400,000 Kyrgyz citizens are estimated to be working in 
Russia. The bulk of these are economic migrants, given the high 
unemployment and relatively stagnant economy in Kyrgyzstan, and are 
not trafficked. The precise number of those Kyrgyz citizens working 
in Russia and Kazakhstan who may be victims of trafficking is, 
however, unknown. The State Committee on Migration and Employment 
(SCME) maintains a presence in Kyrgyz Embassies and Consulates in 
Russia as well as individual offices in Russian cities with large 
number of Kyrgyz workers.  These offices provide assistance to 
Kyrgyz workers who may or may not be subject to labor exploitation. 
During this past year, the SCME opened new offices in Orenburg, 
Novosibirsk, and Krasnoyarsk in addition to their offices in Moscow, 
St. Petersburg and Yekaterinburg.  Numerous government officials and 
NGOs have noted, however, that the large numbers of Kyrgyz citizens 
working in Kazakhstan and Russia is a net positive for the country 
since it significantly reduces the number of unemployed people in 
Kyrgyzstan and at the same time provides much needed remittances to 
the families of migrant workers. Local press reports indicate that 
the total amount of money remitted from Kyrgyz citizens abroad 
ranges from $700 million to $1 billion for 2008. Most Kyrgyz 
citizens working in Kazakhstan, and to a lesser extent in Russia, do 
so on a seasonal basis, usually returning to Kyrgyzstan for the 
winter. 
 
Kyrgyzstan is a transit country for smaller numbers of 
trafficking victims from Uzbekistan, Tajikistan, 
Turkmenistan, and South Asia to Russia, the UAE, Turkey and both 
Eastern and Western Europe. During the past year Kyrgyzstan, 
particularly the city of Osh, was a destination and transit point 
for women trafficked from Uzbekistan for purposes of sexual 
exploitation. 
 
Both NGOS and representatives from the Kyrgyz government 
characterize TIP as remaining a steady problem during the reporting 
period. While there were no significant increases or decreases, 
there was marked activity in prosecuting TIP cases. According to the 
General Prosecutor's Office, 17 criminal cases were opened in 2008; 
40% of those investigations were transferred to trial.  Twelve 
individuals were convicted, while only one criminal case was 
dropped.  In two of the cases, the suspects fled abroad and the 
trials were suspended. In previous years, gathering such statistical 
data was incredibly difficult, and often resulted in no data to 
report.  The Prosecutor General's office not only provided 
statistics, but listings in each case showing that TIP cases were 
prosecuted in five of Kyrgyzstan's seven provinces. 
The number of people working illegally in Russia and 
Kazakhstan has been declining during the last four years as channels 
for legal labor migration expanded due to bilateral agreements on 
labor migration with these two countries. In 2005, Russia passed 
legislation giving a preferential treatment to Kyrgyz citizen 
workers in Russia. The Kyrgyz government had worked closely with the 
Russian government to secure passage of the measure as a means of 
better protecting Kyrgyz workers in Russia. In 2006, the Kyrgyz 
government reached an agreement with Russian authorities simplifying 
rules for crossing the Russian border: starting Nov. 1, 2007, Kyrgyz 
citizens were authorized visa-free passage across the border using 
their domestic passport or identification card. Additionally, the 
SCME has worked to develop electronic means for Kyrgyz workers to 
receive their salary - in order to ease remittances back to 
Kyrgyzstan but also to decrease vulnerability to robbery and forced 
labor.  The Kyrgyz government continues to work with the Russian and 
Kazakh governments to protect its citizens working in those 
countries.  According to the Chairperson of the SCME, Kyrgyzstan 
 
BISHKEK 00000225  003.2 OF 022 
 
 
actively worked with the governor of Almatinsky Province in 
Kazakhstan to reduce the number of Kyrgyz citizens working on 
tobacco plantations in Kazakhstan.  As noted above, tobacco 
plantations are among the primary TIP destinations for Kyrgyz 
workers in Kazakhstan.  Through their efforts, the SCME reduced the 
numbers of such workers from an estimated 10,000 in 2006 to an 
estimated 3,000 workers presently. It is not known how many of these 
workers may have been victims of TIP. 
 
NGOs and the Kazakh government reported an increase in the flow of 
legal labor migrants from Kyrgyzstan during the past three years, 
especially in spring and summer. The number of officially registered 
Kyrgyz migrants in Kazakhstan has increased by 30 percent. According 
to IOM's Bishkek office, approximately 70 percent of Kyrgyz migrants 
to Kazakhstan work on a contractual basis, with the other 30 percent 
working with only verbal contracts. Most Kyrgyz migrants work as 
traders at markets or perform unskilled labor in the agricultural 
and construction sectors of Kazakhstan; a smaller group includes 
young people working in the IT sector, consulting companies and 
businesses requiring special skills. 
 
In February 2007, the government announced the decision of 
the South Korean government to include Kyrgyzstan on its 
official list of countries exporting labor into the country, 
allowing Kyrgyz labor migrants to work legally in Korea. Previously, 
Kyrgyzstan had a quota of 400 labor migrants, but the actual number 
was thought to be much higher. Despite these new legal protections, 
the SCME reported several cases of trafficking including one group 
of athletes who are currently awaiting repatriation from South 
Korea. 
 
Bride kidnapping is also part of the trafficking problem in 
the Kyrgyz Republic because it involves, in many cases, 
forced marriage and movement - even if it only occurs within the 
same oblast or town. Increased reports of bride kidnappings have 
been attributed to a weak economy, as young men cannot afford to 
marry according to traditional practices. Bride kidnapping is 
considered to be a part of Kyrgyz culture even though it only 
reportedly became prevalent in the last 200 years. A 2003 study 
indicated that the problem is particularly severe in northern 
Kyrgyzstan. Research indicates that up to one-third of ethnic Kyrgyz 
women in northern Kyrgyzstan may be married against their will as a 
result of bride kidnapping. Another 20 percent of marriages among 
ethnic Kyrgyz are the result of consensual bride kidnapping, which 
is done by some out of respect for tradition. During the past 
reporting period, a US citizen was the victim of bride kidnapping 
and was held against her will for several days before she escaped. 
While it is typical for a group of young men to actually perform the 
kidnapping, it is not unusual for female relatives to assist them - 
sometimes urging the "bride" to just give in. According to NGOs 
(Healthy Generation and Spravedlivost), seven out of ten couples 
married through bride kidnapping eventually get divorced. Women who 
refuse to acquiesce can face rejection from their families, and 
intense ostracism - thus making them a vulnerable part of the 
population. 
 
¶C. What kind of conditions are the victims trafficked 
into? 
 
The conditions victims are trafficked into vary by destination and 
the type of exploitation.  In a book published in 2007 by the 
International Organization for Migration (IOM) entitled "Two Kyrgyz 
Women," the author interviewed TIP victims and described the 
circumstances of victims of labor and sexual exploitation.  Victims, 
who were trafficked to Kazakhstan and sometimes Russia, face long 
overland journeys in crowded vans or buses that can last for days 
with no break in the trip.  Workers on Kazakh farms described living 
in communal mud huts with no running water or electricity and being 
forced to work long hours in extreme weather conditions.  Female 
farm works faced the constant threat of rape in addition to forced 
labor.  In "Two Kyrgyz Women," the victim of sexual exploitation 
told of being kept in a communal apartment in Dubai, and that she 
 
BISHKEK 00000225  004.2 OF 022 
 
 
was only allowed out to hotels and bars to attract customers. 
 
¶D. Vulnerability to TIP: Are certain groups of persons 
more at risk of being trafficked (e.g. women and 
children, boys versus girls, certain ethnic groups, 
refugees, IDPs, etc.)? 
 
Residents of poor rural areas of the country, particularly in the 
south, are most vulnerable to labor trafficking to 
Kazakhstan and Russia. Poor ethnic Kyrgyz women from impoverished 
areas are the most frequent victims of sexual 
trafficking.  According to IOM, of the 117 victims of trafficking in 
2008, 82 were men while 35 were women. Of the 117 cases, 99 involved 
forced labor. 
 
Victims are trafficked from all areas of the country, with southern 
Kyrgyzstan in particular being the largest source area for 
trafficking victims; the majority of trafficking victims were 
believed to be victims of labor trafficking. International 
Organization for Migration (IOM) estimates that about 70 percent of 
TIP victims are from the southern provinces of Batken, Jalalabad, 
and Osh, where unemployment rates are the highest. 
 
Populations targeted by traffickers include women of both 
Slavic and Central Asian (Kyrgyz, Tajik and Uzbek) 
ethnicities, especially in the 18-25 age group. Unemployed 
poor people, particularly from southern Kyrgyzstan and rural areas, 
are also heavily targeted for seasonal agricultural work in 
Kazakhstan and for construction and industrial sector work in 
Russia. Press reports during the reporting period indicate that 
traffickers range from individuals or family-based syndicates to 
well-organized groups. 
 
¶E. Traffickers and Their Methods: Who are the 
traffickers/exploiters?  Are they independent business 
people?  Small or family-based crime groups?  Large 
international organized crime syndicates?  What methods 
are used to approach victims?  For example, are they 
offered lucrative jobs, sold by their families, or 
approached by friends of friends?  What methods are used 
to move the victims (e.g., are false documents being 
used?).  Are employment, travel, and tourism agencies or 
marriage brokers involved with or fronting for 
traffickers or crime groups to traffic individuals? 
 
NGOs and government sources reported that agencies offering 
employment abroad, travel, and modeling contracts often serve as 
fronts for trafficking operations. NGOs and the government also 
cited agencies that promote work or marriage abroad as the main 
conduits for trafficking victims for sexual exploitation. Such 
companies place advertisements in the media about marriage to 
foreigners, high salaries working in restaurants or as domestic 
servants to lure recruits. Women trafficked into prostitution are 
frequently recruited by former trafficking victims themselves, who 
now work for or become traffickers. 
 
Recruiters for labor migrants often go to villages where jobs are 
scarce and call out for recruits over loudspeakers. In Bishkek and 
other cities, labor recruiters will "advertise" available positions 
and salaries via announcements on the public address systems at 
major bazaars where people congregate.  Recruits are then bused to 
Kazakhstan for work on farms. Agricultural workers are also often 
recruited by word of mouth after recruiters spread rumors of 
lucrative work abroad. An unknown number of these labor migrants may 
become trafficking victims. 
 
Traffickers usually provide travel documents, including 
passports and visas. In the case of women trafficked to the 
UAE, traffickers provide forged travel documents indicating 
an older age for the victims in an effort to bypass the UAE 
regulations. 
 
 
BISHKEK 00000225  005.2 OF 022 
 
 
In the past there were reports of blank Kyrgyz passports 
stolen from passport agencies.  Later, investigation of several TIP 
cases revealed that traffickers used the stolen passports. The 
availability for purchase of Kyrgyz passports led to the US 
government ceasing to recognize it as a travel document in 2004. Not 
only was the pre-2004 passport widely sold, but the lack of security 
features led to rampant forgery. While the US and the UK do not 
recognize this passport and the Kyrgyz government has ceased to 
issue it, the pre-2004 passport is still accepted for travel to most 
Schengen countries and the UAE until 2010.  Kyrgyz citizens have the 
option of continuing to extend this passport for use until 2011. 
Kyrgyz citizens do not need a passport to travel to Russia or 
Kazakhstan and often cross the border without any documentation - 
thus making them more vulnerable to traffickers.  Recent 
prosecutions indicate that this "old style" Kyrgyz passport is still 
the tool of choice of traffickers.  Kyrgyz passports are used by 
Kyrgyz, Uzbek and other Central Asian groups. In fact at a May 2008 
regional conference in Tashkent, Uzbek authorities specifically 
raised the issue of the availability of the old Kyrgyz passports and 
stated that large numbers of Uzbek TIP victims make use of this 
document.  This can often lead to misidentification of the 
nationality of TIP victims in destination countries. 
 
--------------------------------------------- ---------- 
SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP 
EFFORTS: 
--------------------------------------------- ---------- 
 
¶A. Does the government acknowledge that trafficking is 
a problem in the country?  If not, why not? 
 
The government acknowledges that trafficking is a problem in the 
Kyrgyz Republic. In addition to existing legislation that 
specifically outlaws trafficking in persons, Parliament passed a new 
National Action Plan in September 2008 to continue its efforts to 
fight human trafficking. 
 
¶B. Which government agencies are involved in anti- 
trafficking efforts and which agency, if any, has the 
lead? 
 
The Office of the Prosecutor General, the Ministry of Internal 
Affairs, the Ministry of Foreign Affairs, the National Security 
Service, the National Border Service, the Customs Agency, the 
Ministry of Labor and Social Protection, the Ministry of Education, 
the Ministry of Health, and local administrations are all involved 
with anti-trafficking efforts. The law on Prevention and Combating 
Trafficking in Persons, adopted in 2005, specifically states the 
role of each Ministry and office in combating TIP. The State 
Committee of Migration and Employment is the lead agency in 
coordinating anti-TIP actions. It replaced the National Council on 
Fighting Human Trafficking. The State Committee on Migration and 
Employment (SCME) is the only agency that has adequate staffing and 
works continuously on TIP. The Committee has regional offices in all 
seven oblasts and in Bishkek. 
 
¶C. What are the limitations on the government's 
ability to address this problem in practice?  For 
example, is funding for police or other institutions 
inadequate?  Is overall corruption a problem?  Does the 
government lack the resources to aid victims? 
 
The government's ability to address TIP was limited by 
significant changes that followed the "Tulip Revolution" of 
March 2005. Continued economic stresses limit the amount of 
financial assistance the government can provide to normal citizens 
in need, much less victims of trafficking.  According to estimates, 
the Kyrgyz budget in 2009 will face a potential budget deficit of 
$212.2 million. Changes in the structure of the government, a 
continued high turnover of individuals responsible for 
conducting/coordinating anti-TIP activities, and the lack of staff 
with experience in dealing with TIP issues delayed 
 
BISHKEK 00000225  006.4 OF 022 
 
 
anti-TIP activities at that time. Kyrgyzstan adopted a new 
constitution in October 2007.  There were pre-term parliamentary 
elections and a new prime minister and cabinet were appointed in 
December 2007. Inadequate funding of law enforcement agencies and 
low salaries of law enforcement officers, coupled with corruption 
also weakened the government's ability to address the problem. 
 
Resources to aid victims were also scarce. The government 
continued to provide space free of charge to the Sezim 
shelter in Bishkek, which offers shelter both to TIP victims and 
victims of domestic violence. In 2003, the Mayor's Office in Osh 
provided a building for the shelter for trafficked and abused women. 
In 2006, local authorities of Osh allocated space for another 
shelter for children. The shelter provides support to homeless 
children, including those deserted by parents who left in search of 
job opportunities. 
 
Overall, corruption was a critical problem recognized by the 
government. In 2006, government officials at the highest level made 
public statements regarding their commitment to eliminate 
corruption, carried 
out an anticorruption information campaign through the media, 
implemented measures to make the operation of government and 
judiciary more transparent, and simplified procedures for business 
registration and operation. However, there was no noticeable impact 
from these measures. In 2005, the government established the Agency 
for Preventing Corruption and the National Council for Fighting 
Corruption. The following year, the agency conducted a nationwide 
survey of corruption within government agencies. Based on the 
results of the study, the agency released a list of the most corrupt 
governmental bodies, including the tax and customs agencies, law 
enforcement bodies, courts, and agencies controlling 
construction and business licenses. However, no action was 
taken against corrupt officials as a result of the survey. 
 
¶D. To what extent does the government systematically 
monitor its anti-trafficking efforts (on all fronts -- 
prosecution, victim protection, and prevention) and 
periodically make available, publicly or privately and 
directly or through regional/international organizations, 
its assessments of these anti-trafficking efforts? 
 
The government, through the State Committee on Employment and 
Migration Issues (SCME) monitored and analyzed the labor migration 
situation during the reporting period. A new National Action Plan 
was passed formalizing the SCME's role as lead agency in tracking 
and fighting TIP. Under the new National Action Plan, the SCME also 
chairs a working group composed of other government agencies to 
coordinate anti-TIP efforts. However, because of the lack of 
resources and expertise for conducting such research, no 
comprehensive and systematic monitoring of TIP issues was 
established. 
 
In November 2005, the SCME conducted a door-to-door survey. Based on 
results, they estimated that at least 300,000 Kyrgyz citizens work 
as labor migrants in Russia and Kazakhstan alone. Since the survey 
was done in November, when most seasonal workers had returned home, 
the chairperson of the Committee concluded that the actual number is 
significantly higher. . 
 
Representatives of government/law enforcement agencies made 
presentations at various conferences and to the media reporting on 
work performed. The police's TIP unit and office of the Prosecutor 
General maintained statistics on the number of cases investigated, 
and the Court Department maintained statistics on the number of 
prosecuted traffickers. During the year law enforcement agencies 
publicized information on prosecution cases through media outlets 
and at public events devoted to TIP. 
 
As part of the anti-trafficking information campaign, the 
government and both domestic and international NGOs provided 
assessments of the TIP situation. 
 
BISHKEK 00000225  007.2 OF 022 
 
 
 
 
--------------------------------------------- ----- 
INVESTIGATION AND PROSECUTION OF TRAFFICKERS: 
--------------------------------------------- ----- 
 
For questions A-D, posts should highlight in particular 
whether or not the country has enacted any new 
legislation since the last TIP report. 
 
¶A. Existing Laws against TIP: Does the country have a 
law or laws specifically prohibiting trafficking in 
persons -- both for sexual exploitation and labor?  If 
so, please specifically cite the name of the law(s) and 
its date of enactment and provide the exact language 
[actual copies preferable] of the TIP provisions.  Please 
provide a full inventory of trafficking laws, including 
non-criminal statutes that allow for civil penalties 
against alleged trafficking crimes (e.g., civil 
forfeiture laws and laws against illegal debt). Does the 
law(s) cover both internal and transnational forms of 
trafficking?  If not, under what other laws can 
traffickers be prosecuted?  For example, are there laws 
against slavery or the exploitation of prostitution by 
means of force, fraud, or coercion?  Are these other laws 
being used in trafficking cases? 
 
The law on Prevention and Combating Trafficking in 
Persons, adopted in January 2005, and changes to Article 124 of the 
Criminal Code, introduced in January 2006, outlaw trafficking in 
persons and specify penalties ranging from three to 20-years 
imprisonment for those convicted under this article. The 2006 
amendment to Art. 124 of the Criminal Code provides protection to 
TIP victims if they cooperate with law enforcement agencies. Now TIP 
victims are not prosecuted for document fraud or illegal border 
crossing if they assist in prosecution of trafficking cases. 
 
The law gives a broad definition of trafficking, including 
recruiting, transporting, hiding, receiving, transferring or selling 
a person, or any other illegal transaction performed either with the 
person's consent or without it, carried out by way of applying 
force, fraud, cheating, kidnapping for the purpose of exploitation 
or gaining a profit. The law states the following definition of 
exploitation: involvement in criminal activity, coercion into 
prostitution or other forms of sexual activity, forced labor or 
services, slavery, adoption for commercial purposes, and forced 
service in armed conflicts. 
 
Thus, the law covers both trafficking for sexual exploitation and 
trafficking for forced labor, including trafficking of minors; the 
law contains a special provision for TIP crime committed in 
connection with the abuse of official power. 
 
In January 2006, the President enacted the new law on 
External Labor Migration. The law regulates recruitment of 
Kyrgyz citizens for work abroad and legal assistance to labor 
migrants, including cases that pose the danger of 
trafficking. 
 
In February 2006, the Code on Administrative Responsibility 
was amended to include a more severe punishment of 
governmental officials for violating rules of visa issuance 
to foreigners; this amendment is aimed at preventing 
trafficking of foreign citizens to Kyrgyzstan. 
 
TIP-related crime is also prosecuted on charges outlined in 
the following articles of the Criminal Code: 
 
Art. 123 Kidnapping; 
Art. 154 - Entering into marriage relations with a person 
under marriage age (18 years old); 
Art. 157 - Involvement of minors in antisocial activities; 
 
BISHKEK 00000225  008.2 OF 022 
 
 
Art. 204-1 - Organizing illegal migration; 
Art. 204-2- Numerous violations of the regulations on 
recruiting and employing foreigners; 
Art. 260 - Recruiting people for purposes of prostitution; 
Art. 261 - Establishing and operating brothels for 
prostitution; 
Art. 346 - illegal border crossing; 
Art. 350 - document forgery. 
 
These provisions of the Criminal Code are sufficient for 
prosecution of the full scope of trafficking-related crimes. 
 
Additionally, the following laws cover actions of people 
interfering with the prosecution process: 
 
-- Criminal Code, Art. 317 - Obstructing the judicial 
Process:  punishment is up to five years in prison; 
 
-- Criminal Code, Art. 318 -Obstructing the investigation: 
punishment is up to five years in prison; 
 
-- Code on Administrative Responsibility, Art. 77 - Illegal 
Employment: punishment is a fine of up 70 minimum salaries (Note: 
one minimum salary is presently equal to $2.50 End Note); 
 
-- Code on Administrative Responsibility, Art. 315 - False 
Advertising: punishment is a fine of up 70 minimum salaries; 
 
-- Code on Administrative Responsibility, Art. 391-1 - 
Illegal trafficking of people through the border: punishment is a 
fine of up to 50 minimum salaries or dismissal; 
 
On September 9, 2006 the president signed a law, which 
establishes a system of state protection for witnesses, 
victims, and other participants of criminal trials. Under 
this law, testimony from witnesses and other trial 
participants will also carry greater weight both in the 
investigation and in court proceedings. Observers believe the law 
will increase witnesses' willingness to testify. 
According to Golden Goal, an NGO located in Osh, up to 80 per cent 
of witnesses refuse to give evidence for fear of retaliation by the 
accused. 
 
 
¶B. Punishment of Sex Trafficking Offenses: What are 
the prescribed and imposed penalties for trafficking 
people for sexual exploitation? 
 
Traffickers of people for sexual exploitation can be prosecuted 
sentenced based on the following articles of the Criminal Code: 
 
--Art. 124 - Trafficking in persons: punishment is up to 20 years 
imprisonment; 
 
--Art. 204-1 - Organization of Illegal Migration: punishment is up 
to five years imprisonment; 
 
--Art. 346 - Illegal border crossing: punishment is up to five years 
in prison; 
 
--Art. 350 - Document forgery: punishment is up to four years in 
prison. 
 
During the reporting period, 17 criminal cases were opened and 
investigated, resulting in twelve people convicted of trafficking. 
According to the Prosecutor General's office, four of these arrests 
were related to sexual exploitation/prostitution in Russia, Turkey 
and other countries abroad. 
 
¶C. Punishment of Labor Trafficking Offenses: What are 
the prescribed and imposed penalties for trafficking for 
labor exploitation, such as forced or bonded labor?  If 
 
BISHKEK 00000225  009.2 OF 022 
 
 
your country is a source country for labor migrants, do 
the government's laws provide for criminal punishment -- 
i.e. jail time -- for labor recruiters who engage in 
recruitment of workers using knowingly fraudulent or 
deceptive offers with the purpose of subjecting workers 
to trafficking in the destination country?  If your 
country is a destination for labor migrants, are there 
laws punishing employers or labor agents who confiscate 
workers' passports or travel documents for the purpose of 
trafficking, switch contracts without the worker's 
consent as a means to keep the worker in a state of 
service, or withhold payment of salaries as means of 
keeping the worker in a state of service? 
 
Labor trafficking offenses are punishable under the 
following provisions of the law: 
 
--Art. 124 -Trafficking in persons: punishment is up to 20 years 
imprisonment; 
 
--Art. 204-1 - Organization of Illegal Migration: punishment is up 
to five years imprisonment; 
 
--Art. 346 - Illegal border crossing: punishment is up to five years 
in prison; 
--Art. 350 - Document forgery: punishment is up to four years in 
prison. 
 
Additionally, theft, destruction, damage or concealment of 
documents is punishable under article 348 of the Criminal 
Code, resulting in a fine of 100-200 minimum monthly wages or 
confinement of up to six months. 
 
According to IOM and the SCME, victims of labor trafficking 
outnumbered victims of sexual exploitation last year and the year 
before.  As the economy continues to worsen in Kyrgyzstan and in 
destination countries such as Kazakhstan and Russia, labor 
exploitation is expected to continue to rise.  Of the seventeen 
cases opened last year, at least three involved labor trafficking 
while one was a combination of labor and sexual trafficking. 
Recruitment companies are required by law to be licensed by the 
State Committee on Migration and Employment (SCME) which also 
entails a review by the Ministry of Internal Affairs.  Unlicensed 
agencies, which advertise or recruit workers, are subject to fines 
and possible criminal actions.  Under Kyrgyz law, only licensed 
agencies may advertise in newspapers.  Newspapers are liable if they 
allow unlicensed agencies to advertise in their publications and may 
face penalties if caught.  According to the Prosecutor General's 
Office, the SCME actively monitors all print media to ensure only 
licensed recruitment agencies advertise. 
 
¶D. What are the prescribed penalties for rape or 
forcible sexual assault? (NOTE:  This is necessary to 
evaluate a foreign government's compliance with TVPA 
Minimum Standard 2, which reads: "For the knowing 
commission of any act of sex trafficking . . . the 
government of the country should prescribe punishment 
commensurate with that for grave crimes, such as forcible 
sexual assault (rape)."  END NOTE) 
 
Rape and forcible sexual assault are prosecuted under the following 
articles of the criminal code: 
 
-- Rape is prosecuted under Art. 129 of the Criminal Code. 
The punishment is from five to 20 years in prison and can 
include capital punishment for the rape of a minor. Multiple rapes 
by a person previously convicted for a similar crime, by a gang of 
people, especially aggravated by threats of death or bodily injury, 
or rape of a minor is punished by eight to 15 years; 
 
-- Forcible sexual assault is punished under art. 130 of the 
Criminal Code with three to 20 years; 
 
BISHKEK 00000225  010.2 OF 022 
 
 
 
-- Coercion to perform actions of a sexual nature is 
punishable under Art. 131, by up to two years in prison; 
 
-- Sexual intercourse or other sexual actions with a person 
below 16 years old are punished under Art. 132 with up to 
three years in prison. 
 
  This is comparable to sentences in cases of trafficking for 
commercial sexual exploitation (art. 124, three to 20-years 
imprisonment). 
 
¶E. Law Enforcement Statistics: Did the government 
prosecute any cases against human trafficking offenders 
during the reporting period?  If so, provide numbers of 
investigations, prosecutions, convictions, and sentences 
imposed, including details on plea bargains and fines, if 
relevant and available.  Please note the number of 
convicted traffickers who received suspended sentences 
and the number who received only a fine as punishment. 
Please indicate which laws were used to investigate, 
prosecute, convict, and sentence traffickers.  Also, if 
possible, please disaggregate numbers of cases by type of 
TIP (labor vs. commercial sexual exploitation) and 
victims (children under 18 years of age vs. adults).  If 
in a labor source country, did the government criminally 
prosecute labor recruiters who recruit workers using 
knowingly fraudulent or deceptive offers or by imposing 
fees or commissions for the purpose of subjecting the 
worker to debt bondage?  Did the government in a labor 
destination country criminally prosecute employers or 
labor agents who confiscate workers' passports/travel 
documents for the purpose of trafficking, switch 
contracts or terms of employment without the worker's 
consent to keep workers in a state of service, use 
physical or sexual abuse or the threat of such abuse to 
keep workers in a state of service, or withhold payment 
of salaries as a means to keep workers in a state of 
service?  What were the actual punishments imposed on 
persons convicted of these offenses?  Are the traffickers 
serving the time sentenced?  If not, why not? 
 
During the reporting period, the government reported 92 inspections 
related to trafficking in persons, 17 investigations which resulted 
in 14 prosecutions, 12 convictions, and 12 sentences.  The 
defendants were all prosecuted under Article 124 of the Kyrgyz 
Criminal Code "Trafficking in Persons." 
 
Prosecutions by TIP type: 
 
Child trafficking (note: the sale or kidnapping of children for 
adoption is considered "trafficking" under Kyrgyz law. End Note) 
 
Number of cases: 7 cases 
 
Number of convictions: four (involving six individuals) 
 
Number of convictions resulting in imprisonment: two, sentences 
ranged from 4-5 years imprisonment 
 
Number of convictions resulting fines: one, fine of 10,000 Kyrgyz 
som (approximately $245 US) 
 
Number of cases dismissed: one 
 
Number of cases where accused was granted amnesty: one 
 
Number of pending cases: one 
 
Labor Trafficking 
 
Number of cases: three 
 
BISHKEK 00000225  011.2 OF 022 
 
 
 
Number of convictions: zero, one accused was convicted of organizing 
illegal migration and sentenced to one year imprisonment instead 
 
Number of cases resulting in acquittal: two 
 
Sexual Trafficking 
 
Number of cases: four 
 
Number of pending cases: one 
 
Number of convictions: two (involving five individuals) 
 
Number of convictions resulting in imprisonment: three, sentences 
ranged from 3 - 8 years imprisonment 
 
Number of convictions resulting in fines: one, 2000 Kyrgyz som 
(approximately $50 US) 
 
--According to the State Committee for Migration and 
Employment, companies are required to obtain licenses for recruiting 
people for work abroad, but there were also recruiters operating 
without a license. According to the Prosecutor General's Office, its 
staff monitored compliance with TIP legislation by conducting 
inspections of labor recruiters, issuing orders to reprimand, 
dismiss or otherwise penalize officials and individuals in 
TIP-related violations.  The Prosecutor General's Office has the 
right to issue a "Prosecutorial Action" for cases that do not 
violate the criminal code or result in serious trafficking offenses 
but are in violation of the civil or administrative code.  Such 
actions include reprimanding/fining publications that allow 
unlicensed recruiting companies to advertise or reprimanding 
government officials whose incompetence may lead to trafficking.  A 
recruiting company will receive a Prosecutorial Action if it is 
found to be recruiting without a license but has not been proven to 
engage in trafficking.  If a government official receives sufficient 
Prosecutorial Actions, they are dismissed for cause.  According to 
the Prosecutor General's office, they conducted 92 TIP-related 
inspections, resulting in 296 Prosecutorial Actions in 2008. 
 
¶F. Does the government provide any specialized training 
for government officials in how to recognize, investigate, 
and prosecute instances of trafficking? Specify whether NGOs, 
international organizations, and/or 
the USG provide specialized training for host government 
officials 
 
The government supported a number of training programs for law 
enforcement officers, governmental officials and NGOs conducted by 
IOM and other organizations. The MVD Academy and the training center 
for MVD officers, teaches courses on recognizing and conducting 
investigations into 
trafficking-related crimes. In March 2008, Kyrgyzstan signed the 
threshold agreement to the Millennium Challenge Corporation (MCC). 
The major focus of MCC's efforts is judicial reform and rule of law. 
 As part of the prosecutorial training conducted by MCC, the Kyrgyz 
government specifically asked that a TIP module be included as it is 
considered a high priority. In summer 2008, IOM completed and 
distributed a TIP handbook for use by Kyrgyz law enforcement.  This 
handbook, which is used at the MVD training academy for new officers 
and for other training sessions assist law enforcement officers in 
identifying TIP victims and referring them to the appropriate agency 
for assistance. 
 
 
¶G. Does the government cooperate with other governments 
in the investigation and prosecution of trafficking 
cases?  If possible, provide the number of cooperative 
international investigations on trafficking during the 
reporting period. 
 
 
BISHKEK 00000225  012.2 OF 022 
 
 
The Kyrgyz government cooperates with other CIS countries within the 
framework of the Minsk Convention on Legal Assistance and Legal 
Relations in Civil, Family and Criminal Cases. Kyrgyzstan has 
bilateral agreements on legal assistance in civil, family and 
criminal matters with Latvia, China, the Czech Republic, and Iran. 
Similar agreements were drafted and forwarded to Finland, Greece, 
Norway, Netherlands and Poland, and are currently awaiting approval 
by these governments. 
 
In addition: 
 
-- In October 2006, parliament ratified a Commonwealth of 
Independent States (CIS) agreement on combating trafficking 
aimed at coordinating efforts of CIS law enforcement agencies. 
 
-- In May 2008, Kyrgyzstan participated in a second UNODC and OSCE 
sponsored roundtable in Tashkent, Uzbekistan.  This roundtable was a 
follow-up to a similar event hosted by Kyrgyzstan in December 2007. 
The roundtable, entitled "Promoting Law Enforcement and Judicial 
Cooperation Among Source, Transit, and Destination Countries to 
Combat Human Trafficking and Migrant Smuggling to and from Central 
Asia," attracted law enforcement and government officials, 
diplomats, NGO representatives, international organization 
officials, and experts from each of the five former Soviet Central 
Asian republics as well as Russia, Thailand, Israel, the United Arab 
Emirates, and the United States. 
 
The State Committee on Migration and Employment (SCME) continues to 
cooperate with the Kazakh and Russian governments in protecting 
Kyrgyz citizens working in those countries.  As mentioned 
previously, the SCME maintains offices in the Russian Federation and 
Kazakhstan to assist its citizens.  It is scheduled to meet in 
Samara, Russia in April 2009 with Russian government officials to 
discuss the creation of a "civilized" labor contract for Kyrgyz 
workers in Russia.  Through its work with the governor of Almatynsky 
Oblast in Kazakhstan, the SCME drastically reduced the number of 
Kyrgyz citizens working on tobacco farms from an estimated 10,000 to 
an estimated 3,000.  Tobacco farms were noted to be a destination of 
forced labor trafficking victims.  The SCME worked with the Chinese 
government to secure the release of Kyrgyz citizens held in debt 
bondage in China. 
 
¶H. Does the government extradite persons who are 
charged with trafficking in other countries?  If so, 
please provide the number of traffickers extradited 
during the reporting period, and the number of 
trafficking extraditions pending. In particular, please 
report on any pending or concluded extraditions of 
trafficking offenders to the United States. 
 
Under bilateral and multilateral agreements with several 
NIS countries and China, Kyrgyzstan may extradite foreign 
citizens charged with criminal offenses, including TIP. 
Article 13 of the Constitution prohibits the extradition of 
Kyrgyz citizens to other countries. 
 
Post has no information regarding extradition by the 
government of traffickers to other countries. 
 
¶I. Is there evidence of government involvement in or 
tolerance of trafficking, on a local or institutional 
level?  If so, please explain in detail. 
 
NGOs reported a perceived tolerance of trafficking by 
some low-level law enforcement officials, but blame this on a lack 
of awareness of trafficking issues and a belief among some police 
officials that most women working as prostitutes do so willingly and 
are not victims of trafficking. 
 
Corruption also plays an important role in that corrupt 
officials could easily be bought off by traffickers. 
However, Post has no evidence of official corruption 
 
BISHKEK 00000225  013.2 OF 022 
 
 
contributing to the trafficking problem in Kyrgyzstan. If a 
government employee is arrested or tried, he would be charged under 
Article 304 Abuse of Official Position rather than trafficking which 
carries a maximum sentence of up to 12 years imprisonment and 
confiscation of property.  As government officials are not charged 
under Article 124, Trafficking in Persons, the Prosecutor General's 
Office did not have any data available regarding government official 
investigated or convicted of trafficking in persons. 
 
¶J. If government officials are involved in 
trafficking, what steps has the government taken to end 
such participation?  Please indicate the number of 
government officials investigated and prosecuted for 
involvement in trafficking or trafficking-related 
corruption during the reporting period.  Have any been 
convicted?  What sentence(s) was imposed?  Please specify 
if officials received suspended sentences, or were given 
a fine, fired, or reassigned to another position within 
the government as punishment.  Please indicate the number 
of convicted officials that received suspended sentences 
or received only a fine as punishment. 
 
In 2005, the government of Kyrgyzstan established the Agency for 
Preventing Corruption and the National Council for Fighting 
Corruption. During the reporting period, there were no arrests or 
convictions of public officials in trafficking-related crimes. As 
mentioned in the previous section, the Code on Administrative 
Responsibility was amended in 2006 to include a more severe 
punishment of government officials for violating rules of visa 
issuance to foreigners; this amendment is aimed at preventing 
trafficking of foreign citizens to Kyrgyzstan. According to 
Bishkek's Millennium Challenge Corporation (MCC) office, a judicial 
council was established in 2008 for judicial self-governance and is 
comprised solely of judges.  During the six months it has operated, 
the council aggressively pursued complaints of unethical behavior on 
the part of judges which has resulted in the dismissal of four 
judges. 
 
¶K. Is prostitution legalized or decriminalized? 
Specifically, are the activities of the prostitute 
criminalized?  Are the activities of the brothel 
owner/operator, clients, pimps, and enforcers 
criminalized?  Are these laws enforced?  If prostitution 
is legal and regulated, what is the legal minimum age for 
this activity?  Note that in countries with federalist 
systems, prostitution laws may be under state or local 
jurisdiction and may differ among jurisdictions. 
 
Prostitution itself is neither legalized nor outlawed. 
However, the Criminal Code specifically outlaws the operation of 
brothels and pimping (art. 261) and the recruitment of people into 
prostitution (art. 260) with penalties of up to five years 
imprisonment. 
 
¶L. For countries that contribute troops to 
international peacekeeping efforts, please indicate 
whether the government vigorously investigated, 
prosecuted, convicted and sentenced nationals of the 
country deployed abroad as part of a peacekeeping or 
other similar mission who engaged in or facilitated 
severe forms of trafficking or who exploited victims of 
such trafficking. 
 
The Kyrgyz Republic has not contributed troops to international 
peacekeeping efforts. 
 
¶M. If the country has an identified problem of child 
sex tourists coming to the country, what are the 
countries of origin for sex tourists?  How many foreign 
pedophiles did the government prosecute or 
deport/extradite to their country of origin?  If your 
host country's nationals are perpetrators of child sex 
 
BISHKEK 00000225  014.2 OF 022 
 
 
tourism, do the country's child sexual abuse laws have 
extraterritorial coverage (similar to the U.S. PROTECT 
Act) to allow the prosecution of suspected sex tourists 
for crimes committed abroad?  If so, how many of the 
country's nationals were prosecuted and/or convicted 
during the reporting period under the extraterritorial 
provision(s) for traveling to other countries to engage 
in child sex tourism? 
 
Kyrgyzstan has not been a destination country 
for child sex tourism. However, trafficking of children for sexual 
exploitation remains a concern. 
 
Domestic laws on child sexual abuse do not have 
extraterritorial coverage. 
 
--------------------------------------------- 
PROTECTION AND ASSISTANCE TO VICTIMS: 
--------------------------------------------- 
¶A.  What kind of protection is the government able 
under existing law to provide for victims and witnesses? 
Does it provide these protections in practice? 
 
On September 9, 2006 the president signed a law, which 
establishes a system of state protection for witnesses, 
victims, and other participants in criminal trials. Under 
this law, testimony from witnesses and other trial 
participants will also carry greater weight both in the 
investigation and in court proceedings. This law additionally 
provides amnesty from prosecution of migration and related offenses 
should the victims cooperate with the investigation. Observers 
believe the law will increase witnesses' willingness to testify. 
According to Golden Goal, up to 80 per cent of witnesses refuse to 
give evidence for fear of retaliation by the accused. 
 
Another provision of the Criminal and Procedural Code (point 4 of 
Article 12) provides for some measures ensuring the security and 
safety of victims and witnesses: "When there is sufficient 
information that a witness or other participant of the legal process 
is threatened with violence, destruction or damage to his property 
or other dangerous illegal actions, the court, the procurator, the 
investigator and the investigation body must, within the framework 
of their competence, undertake measures outlined by the law to 
protect the life, health, honor, dignity and property of such 
persons." 
 
In practice, these measures are only occasionally enforced due to a 
lack of resources at all levels to provide such 
protection. To better enforce compliance, the Prosecutor 
General sent a directive urging full compliance with the 
provisions of the law concerning protection of witnesses. 
 
As mentioned previously, the government does not operate any 
shelters or assistance programs of its own. However, there is a 
referral mechanism for victims of trafficking to shelters and 
programs run by NGOs and international organizations such as IOM. As 
mentioned previously, the Sezim shelter in Bishkek provided the 
following assistance to victims of trafficking in 2008: 
 20 victims received psychological assistance 
  6 victims received specialty vocational training 
  20 victims received social assistance 
  13 victims received medical assistance 
 
The NGO Sezim also received 62 calls to their hot line during 2008. 
 
 
By the year's end, IOM provided assistance to 117 trafficking 
victims, including repatriation, psychological support, shelter upon 
arrival in Bishkek or Osh, vocational training, and financial 
support through monthly stipends. 
 
¶B.  Does the country have victim care facilities 
 
BISHKEK 00000225  015.2 OF 022 
 
 
(shelters or drop-in centers) which are accessible to 
trafficking victims?  Do foreign victims have the same 
access to care as domestic trafficking victims?  Where 
are child victims placed (e.g., in shelters, foster care, 
or juvenile justice detention centers)?  Does the country 
have specialized care for adults in addition to children? 
Does the country have specialized care for male victims 
as well as female?   Does the country have specialized 
facilities dedicated to helping victims of trafficking? 
Are these facilities operated by the government or by 
NGOs?  What is the funding source of these facilities? 
Please estimate the amount the government spent (in U.S. 
dollar equivalent) on these specialized facilities 
dedicated to helping trafficking victims during the 
reporting period. 
 
While the government of Kyrgyzstan itself does not provide victim 
care facilities, it does continue to provide space for three 
shelters - one in Bishkek and two in Osh, which are operated by 
local NGOs. All of these shelters provide specific assistance to 
victims of trafficking, and one of the shelters in Osh is 
specifically for children.  Foreign victims as well domestic victims 
are able to receive assistance. These organizations are privately 
funded from international donors and from private sources. During 
2008 the Sezim shelter in Bishkek provided the following assistance 
to victims of trafficking: 
 
 20 victims received psychological assistance 
  6 victims received specialty vocational training 
  20 victims received social assistance 
  13 victims received medical assistance 
 
The NGO Sezim also received 62 calls to their hot line during 2008. 
Sezim will provide assistance to male vicitims of trafficking but 
lacks a separate shelter for male victims to live in. 
 
By the year's end, IOM provided assistance to 117 trafficking 
victims, including repatriation, psychological support, shelter upon 
arrival in Bishkek or Osh, vocational training, and financial 
support through monthly stipends. 
 
¶C.  Does the government provide trafficking victims 
with access to legal, medical and psychological services? 
If so, please specify the kind of assistance provided. 
Does the government provide funding or other forms of 
support to foreign or domestic NGOs and/or international 
organizations for providing these services to trafficking 
victims?  Please explain and provide any funding amounts 
in U.S. dollar equivalent.  If assistance provided was 
in-kind, please specify exact assistance.  Please specify 
if funding for assistance comes from a federal budget or 
from regional or local governments. 
 
As stated previously, the Kyrgyz government does not operate its own 
shelters or assistance services.  However, Kyrgyz NGO's report 
active cooperation between their organizations and government 
officials. Kyrgyz law enforcement officials refer victims of 
trafficking to various NGOs who are able to provide legal, medical 
and psychological assistance.   The government supports these groups 
often by providing free office space, free utilizes and other 
payment in kind. 
 
¶D. Does the government assist foreign trafficking 
victims, for example, by providing temporary to permanent 
residency status, or other relief from deportation?  If 
so, please explain. 
 
As source country for TIP, Kyrgyzstan reports few incidents of 
foreigners being trafficked with Kyrgyzstan as the final 
destination. The majority of trafficking victims are Kyrgyz citizens 
themselves. The few reported foreign trafficking victims are usually 
from Uzbekistan, Turkmenistan and Tajikistan and usually are en 
 
BISHKEK 00000225  016.2 OF 022 
 
 
route to a third destination. As citizens of the Commonwealth of 
Independent States (CIS), Uzbek and Tajik citizens do not require 
visas to travel or remain in Kyrgyzstan. All victims of trafficking 
are eligible for amnesty from any migration violations provided they 
cooperate with trafficking investigations. All victims of 
trafficking are able to receive assistance from the various NGOs and 
international organizations who aid victims of trafficking. 
 
¶E. Does the government provide longer-term shelter or 
housing benefits to victims or other resources to aid the 
victims in rebuilding their lives? 
 
The government does not provide medical aid, shelter or 
financial help to its repatriated nationals who are victims 
of trafficking. It lacks funding, personnel and training to 
do so. However, the Government does cooperate with NGOs and 
international organizations such as IOM which are able to 
provide such assistance and refers returned trafficking 
victims to shelters. 
 
¶F. Does the government have a referral process to 
transfer victims detained, arrested or placed in 
protective custody by law enforcement authorities to 
institutions that provide short- or long-term care 
(either government or NGO-run)? 
 
As mentioned previously, the government does not operate any 
shelters or assistance programs of its own. However, there is a 
referral mechanism for victims of trafficking to shelters and 
programs run by NGOs and international organizations such as IOM. 
According to IOM, 20 of 36 (or 56%) victims of trafficking were 
referred by the Kyrgyz government for assistance. 
 
¶G. What is the total number of trafficking victims 
identified during the reporting period?  Of these, how 
many victims were referred to care facilities for 
assistance by law enforcement authorities during the 
reporting period?  By social services officials?  What is 
the number of victims assisted by government-funded 
assistance programs and those not funded by the 
government during the reporting period? 
 
By the year's end, IOM provided assistance to 117 trafficking 
victims, including repatriation, psychological support, shelter upon 
arrival in Bishkek or Osh, vocational training, and financial 
support through monthly stipends. 
54 of these victims were identified through call to Kyrgyzstan's 
National TIP Hotline. 20 of victims were referred by Kyrgyz 
government officials. 
 
¶H. Do the government's law enforcement, immigration, 
and social services personnel have a formal system of 
proactively identifying victims of trafficking among 
high-risk persons with whom they come in contact (e.g., 
foreign persons arrested for prostitution or immigration 
violations)?  For countries with legalized prostitution, 
does the government have a mechanism for screening for 
trafficking victims among persons involved in the 
legal/regulated commercial sex trade? 
 
 
The Ministry of Internal Affairs (MVD), the National Border Service, 
and the National Security Service have each developed systems for 
victims of trafficking to be referred to appropriate shelters. 
Recent training conducted by IOM which included a TIP handbook 
focused specifically on victim identification.  The head of the 
Sezim shelter in Bishkek reported a good level of cooperation with 
these agencies and an increasing number of referrals from law 
enforcement officials during the reporting period. 
 
While Kyrgyzstan has not legalized prostitution, it has not outlawed 
it either. Existing legislation makes it illegal to recruit someone 
 
BISHKEK 00000225  017.2 OF 022 
 
 
for prostitution, operate a brothel or act as a pimp. Kyrgyzstan 
does not have a mechanism for screening trafficking victims from 
legal commercial sex workers as there is no regulated commercial sex 
trade. 
 
¶I. Are the rights of victims respected?  Are 
trafficking victims detained or jailed?   If so, for how 
long?  Are victims fined?  Are victims prosecuted for 
violations of other laws, such as those governing 
immigration or prostitution? 
 
Victims of trafficking are afforded protection from prosecution 
should they cooperate with law enforcement. During the reporting 
period, there have been no reports of the detention of trafficking 
victims. In the majority of trafficking cases, the victims are 
Kyrgyz citizens themselves who are trafficked either abroad or 
within the country. Prostitution and other labor violations 
committed abroad are not prosecuted within Kyrgyzstan. Once 
identified, victims are able to receive assistance from Sezim, 
Golden Goal or other NGOs. 
 
¶J. Does the government encourage victims to assist in 
the investigation and prosecution of trafficking?  How 
many victims assisted in the investigation and 
prosecution of traffickers during the reporting period? 
May victims file civil suits or seek legal action against 
traffickers?  Does anyone impede victim access to such 
legal redress?  If a victim is a material witness in a 
court case against a former employer, is the victim 
permitted to obtain other employment or to leave the 
country pending trial proceedings?  Are there means by 
which a victim may obtain restitution? 
 
The government does encourage victims to assist in the 
investigation and prosecution of trafficking. Under Article 
50 of the Criminal and Procedural Code, a victim has the 
right to assist in the investigation and prosecution of 
trafficking by providing evidence, participating in 
investigative activities, providing comments to reports on 
investigative activity with his/her involvement; he/she has 
the right to access all investigation materials, participate in 
court proceedings and appeal court decisions. Victims have the right 
to file civil suits against traffickers. 
 
Post has no information on whether victims' access to legal 
redress is impeded, because this legal redress is not yet 
available. If a victim is a material witness in a court case against 
a former employer, the victim is not permitted to leave the country. 
There is no victim restitution program 
 
¶K. Does the government provide any specialized 
training for government officials in identifying 
trafficking victims and in the provision of assistance to 
trafficked victims, including the special needs of 
trafficked children?  Does the government provide 
training on protections and assistance to its embassies 
and consulates in foreign countries that are destination 
or transit countries?   What is the number of trafficking 
victims assisted by the host country's embassies or 
consulates abroad during the reporting period?  Please 
explain the type of assistance provided (travel 
documents, referrals to assistance, payment for 
transportation home). 
 
The MVD Academy, the training center for MVD personnel, 
has training courses on recognizing and investigating 
trafficking-related crimes. The Interagency Training Center, part of 
the National Border Service, provides training on combating crime 
related to illegal migration, drug trafficking and human 
trafficking. 
 
The MFA during the reporting period instructed its embassies and 
 
BISHKEK 00000225  018.2 OF 022 
 
 
consulates located in destination countries to do all that they 
could to cooperate with local law enforcement bodies to investigate 
trafficking cases and to assist Kyrgyz victims of trafficking. 
Embassies and consulates in destination countries have a good 
relationship with IOM, which assists with the return of trafficking 
victims who are Kyrgyz citizens to Kyrgyzstan. During the reporting 
period, Kyrgyz Embassies abroad and IOM reported a total of 134 
repatriations of Kyrgyz victims of trafficking back to Kyrgyzstan. 
Assistance ranged from providing travel documents to locating 
funding for return travel. 
 
¶L. Does the government provide assistance, such as 
medical aid, shelter, or financial help, to its nationals 
who are repatriated as victims of trafficking? 
 
The government does not provide medical aid, shelter or 
financial help to its repatriated nationals who are victims 
of trafficking. It lacks funding, personnel and training to 
do so. However, the Government does cooperate with NGOs and 
international organizations such as IOM which are able to 
provide such assistance and refers returned trafficking 
victims to shelters. 
 
¶M. Which international organizations or NGOs, if any, 
work with trafficking victims?  What type of services do 
they provide?  What sort of cooperation do they receive 
from local authorities? 
 
A number of international and domestic NGOs work with 
trafficking victims in Kyrgyzstan: 
 
-- IOM, with its offices in Bishkek and Osh, assists and 
funds the return of victims of trafficking to Kyrgyzstan. In  2008, 
IOM  concluded a 27-month Program on Combating Trafficking in Human 
Beings, funded by USAID. 
IOM works in partnership with 28 domestic NGOs on various 
aspects of the labor migration/trafficking problem. By 
year's end, IOM provided assistance to  117 trafficking 
victims, including repatriation, psychological support, 
shelter upon arrival in Bishkek or Osh, vocational training, as well 
as monthly stipends. 
 
-- The Eurasia Foundation, through four NGO partners, 
provided legal advice to labor migrants, assisted the SCME in 
developing public policy and assessed training needs of 
potential labor migrants. One of NGO partners stationed in 
Yekaterinburg gathered information about job opportunities in 
Russia, and provided consultations and legal advice to Kyrgyz labor 
migrants in Yekaterinburg. 
 
-- NGOs such as Sezim, Golden Goal, Podruga, Ulybka and 
Adilet Legal Clinic, provide legal, medical and counseling 
services for trafficking victims. 
 
-- The Sezim shelter in Bishkek and six other shelters for 
female victims of domestic violence (one each in Talas, 
Jalalabad, Cholpon Ata, Naryn, and two shelters in Osh) also provide 
shelter for TIP victims. 
 
--During the reporting period the Sezim shelter in Bishkek 
provided shelter to  female TIP victims. 
 
-- The Elsen NGO operating the toll-free 189 hot line 
received about 3,014 calls from potential labor migrants and 
provided legal guidance and employment information in Bishkek and 
Chui Oblast. The national hot line is staffed by different NGOs in 
different oblasts and reported a total of 8,000 calls nationwide 
during the reporting period. 
 
--The NGO Golden Goal based in Osh focuses on protecting the rights 
of young people, including giving free consultations regarding 
external labor migration. The NGO also publishes information on 
 
BISHKEK 00000225  019.2 OF 022 
 
 
finding employment abroad without falling into the hands of 
traffickers. 
 
In September 2007, the European Commission announced support for two 
new anti-trafficking projects. With a focus on southern Kyrgyzstan, 
the first of the two projects trains local teachers in Osh, 
Jalalabad and Batken in how to increase awareness and help prevent 
human trafficking. The second project will train local governments, 
law enforcement agencies and NGOs in fighting human trafficking. 
 
----------------------- 
PREVENTION: 
----------------------- 
 
¶A. Did the government conduct anti-trafficking 
information or education campaigns during the reporting 
period?  If so, briefly describe the campaign(s), 
including their objectives and effectiveness.  Please 
provide the number of people reached by such awareness 
efforts, if available.  Do these campaigns target 
potential trafficking victims and/or the demand for 
trafficking (e.g. "clients" of prostitutes or 
beneficiaries of forced labor)?  (Note: This can be an 
especially noteworthy effort where prostitution is legal. 
End Note.) 
 
During the rating period, the government supported and/or 
participated in a number of information and education anti-TIP 
programs jointly with international and domestic NGOs: 
 
-- Jointly with IOM and USAID, the government continued to publish a 
number of information materials in the Kyrgyz and Russian languages 
for those seeking jobs abroad or those currently abroad and facing 
difficulties. A variety of brochures, booklets, leaflets, and "The 
Migration Bulletin" newspaper provide information on how to avoid 
being trafficked, about relevant laws and regulations, IOM hot lines 
operating in several countries, and the "Stop Traffic" hot line in 
Kyrgyzstan. Brochures were available in Kyrgyz and Russian, and 
country specific for employment in Turkey, Kazakhstan, and Russia, 
for example.  Also available is contact information for the offices 
of the SCME, Kyrgyz diplomatic missions abroad and Kyrgyz Diasporas 
in Russia. These materials are readily available at the office of 
the "189" hot line and at five labor migrant support centers (four 
in Kyrgyzstan and one in Yekaterinburg, Russia).  Brochures and 
leaflets are distributed by volunteers at railway stations and 
available at departure lounges at airports.  The State Committee on 
Migration and Employment also distributes materials when making 
outreach trips to rural villages - leaving large supplies behind 
with village councils for distribution. 
 
-- In June 2006, the government, jointly with IOM and several 
foreign donors, began USAID-sponsored TIP information and victims 
assistance campaigns. During the reporting period, the government 
continued to support these programs. As part of the campaign, the 
government provided office space and allocated a toll-free phone 
line (189 in Bishkek, Karakol, Talas, Osh and Jalalabad, or 104 in 
Naryn and Batken), which offered information in Kyrgyz and Russian 
languages about regulations and laws for labor migrants and tips 
about employment opportunities abroad. Since the hot line was 
established, over 9,000 people have received advice and 
consultations. 
 
-- In November 2006, Golden Goal and the OSCE launched a 
website (http://www.antitraffickingdolina.net) aimed 
primarily at Ferghana Valley residents. The website provides 
information on combating trafficking, including 
anti-trafficking programs implemented in the region, helpline 
information for TIP victims, relevant laws on trafficking and other 
useful information. The site also serves as a venue for information 
sharing between Kyrgyz, Uzbek and Tajik NGOs involved in 
anti-trafficking activities. 
 
 
BISHKEK 00000225  020.2 OF 022 
 
 
-- IOM continued a 27-month USAID-funded Program on Combating 
Trafficking in Human Beings. 
 
-- The Eurasia Foundation Office in Bishkek continued 
implementing a project to support Kyrgyz labor migrants. 
Through four NGO partners, Eurasia Foundation provided legal advice 
to labor migrants, assisted the SCME in developing public policy and 
assessed training needs of Kyrgyz labor migrants. 
 
-- Public schools and higher educational institutions either have a 
separate course on TIP in their curriculum or discuss TIP issues as 
part of courses on "Safe Life and Basics of Healthy Lifestyles." 
The school course on "We and the Law" contains a two-hour session on 
preventing TIP. 
 
-- The president appointed a representative in the parliament for 
gender issues. The responsibility of this official is to ensure that 
all legislative acts give due respect to the rights of women. 
 
--The government continued to support several programs aimed at, 
among other things, keeping children in school. Such programs are: 
the New Generation, Jashtyk (Youth), Jetkinchek (Access to 
Education). 
 
--The State Commission on the Affairs of Under-Age Children 
disseminates information nationwide regarding children's rights. 
 
¶B. Does the government monitor immigration and 
emigration patterns for evidence of trafficking?  Do law enforcement 
agencies screen for potential trafficking victims along borders? 
 
The State Committee on Migration and Employment (SCME) routinely 
tracks migration and foreign employment data as part of its mandate. 
While the main focus is not fighting TIP, the SCME uses the data it 
collects in its anti-TIP efforts. Efforts were made in the fall of 
2007 to begin to track the number of Kyrgyz citizens abroad. 
According to press reports, the Parliamentary committee on migration 
was tasked with conducting a census on the number of Kyrgyz citizen 
abroad. Press reports and official statement state that 
approximately 400,000 - 500,000 Kyrgyz citizens work abroad. 
 
¶C. Is there a mechanism for coordination and 
communication between various agencies, internal, 
international, and multilateral on trafficking-related 
matters, such as a multi-agency working group or a task 
force? 
 
Under the State Committee on Migration and Employment (SCME) there 
is a working group on fighting human trafficking which consists of 
representatives from various government agencies and NGOs. It is the 
government body organization that coordinates for communication and 
coordination.  While the SCME informally has held this role for the 
past several years, the newly passed National Action Plan formalizes 
its role to increase inter-agency cooperation 
 
According to NGO representatives, relations between 
government officials, NGOs, other relevant organizations and other 
elements of civil society on the trafficking issue were good. 
Throughout the year, the government repeatedly directed government 
agencies at all levels to cooperate actively with and assist NGOs 
working on fighting TIP. Although lack of resources at every level 
limited the 
government's ability to combat all forms of crime, including TIP, 
the government displayed a willingness to work closely with NGOs 
around the country on prevention programs, mainly in the form of 
educational and information campaigns and training for police, 
office of the prosecutor and other government officials. 
 
Representatives of central and local governments frequently 
participated in anti-trafficking programs carried out by 
NGOs, provided grantees free space for conducting trainings 
and seminars, and assisted in organizing events and 
 
BISHKEK 00000225  021.2 OF 022 
 
 
advertising for them. NGOs working on trafficking issues 
reported that they are generally satisfied with the level of 
cooperation they receive from both national and local 
government agencies as well as law enforcement bodies. The 
director of the Sezim shelter recognized the improvement of 
relations between NGOs and law enforcement agencies, which 
often seek advice on how to handle TIP issues and refer 
victims to shelters. 
 
¶D. Does the government have a national plan of action 
to address trafficking in persons?  If the plan was 
developed during the reporting period, which agencies 
were involved in developing it?  Were NGOs consulted in 
the process?  What steps has the government taken to 
implement the action plan? 
 
In September 2008, the Kyrgyz Parliament passed a National Action 
Plan for 2008 - 2011 for combating TIP. Its goal is to enhance the 
effectiveness in countering trafficking in persons through 
prevention, victim identification, prosecution, and to provide 
increased social protections and assistance to victims.  Its 
immediate goals are: 
 
-updating TIP legislation, including related criminal codes 
-increased public awareness through more information campaigns 
-prosecuting TIP crimes 
-providing assistance to TIP victims 
 
Under this National Action Plan, the State Committee on Migration 
and Employment (SCME) is the main coordinating body on TIP issues. 
It will continue its work with the Ministry of Internal Affairs, the 
Office of the Prosecutor General, the National Security Service, the 
National Border Service, the Customs Agency, the Ministry of Foreign 
Affairs, the Ministry of Education, the Ministry of Labor and Social 
Protection, the Ministry of Health, and local administrations of 
local self-governance bodies.  The National Action Plan lays out a 
schedule for each of its stated goals, listing indicators, 
responsible parties and expected completion dates.  The SCME 
consulted with the NGOs and international organizations in 
Kyrgyzstan that are involved in TIP while drafting the Plan.  At a 
recent meeting, the SCME Chairperson stated that she and the SCME 
had carefully reviewed the 2008 Annual TIP report and took the 
recommendations stated therein seriously while drafting the Plan. 
She stated the SCME wanted to achieve the benchmarks listed in the 
report and resolve the areas of concern.  As stated previously, the 
National Action Plan was passed by the Kyrgyz Parliament in 
September 2008 and work is already underway.  The National Action 
Plan supports the previous law on Trafficking in Persons. 
 
the Law on Prevention and Combating Trafficking in Persons, which 
the National Action plan supplements, stipulates the legal aspects 
of preventing and combating trafficking, provides guidelines for 
coordination of the efforts of law enforcement agencies involved in 
such activities, outlines measures for victim protection and 
support, and designates a special entity for preventing and fighting 
TIP, which consists of representatives of the government, NGOs and 
international organizations. According to the law, the 
responsibilities of this entity include: developing and implementing 
the state policy on fighting trafficking; gathering and analyzing 
the information regarding the magnitude and trends in trafficking; 
overseeing the operation of agencies and institutions tasked with 
prevention and fighting TIP; participating in drafting TIP-related 
international documents; making proposals on improving existing 
TIP-related laws; and organizing TIP-awareness campaigns. The law 
describes specific functions of the following governmental agencies 
involved in anti-TIP activities: the Office of the Prosecutor 
General, the Ministry of Internal Affairs, the Ministry of Foreign 
Affairs, the National Security Service, the National Border Service, 
the Customs Agency, the Ministry of Labor and Social Protection, the 
Ministry of Education, the Ministry of Health, and local 
administrations. The law includes measures for victim protection. 
 
 
BISHKEK 00000225  022.2 OF 022 
 
 
E: What measures has the government taken during the 
reporting period to reduce the demand for commercial sex 
acts?   (see ref B, para. 9(3) for examples) 
 
Kyrgyzstan has continued to prosecute cases under existing 
legislation. No new initiatives have been taken during this 
reporting period. 
 
¶F. Required of all Posts: What measures has the 
government taken during the reporting period to reduce 
the participation in international child sex tourism by 
nationals of the country? 
 
Nationals of Kyrgyzstan are not reported as participating in 
international child sex tourism. 
 
End Text. 
 
GFOELLER