Migration for Employment Convention (Revised), 1949 (No. 97) - Kyrgyzstan (Ratification: 2008)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Statistical information on migration flows. The Committee welcomes the detailed statistical information provided by the Government showing that in 2019 more than 776,000 persons migrated for employment mainly to the Russian Federation, Turkey and Kazakhstan. It further notes that the quota of foreign workers established by the Government for 2019 was 17,410 workers, which included 562 individual entrepreneurs, mainly in the sectors of industry, agriculture and energy, prospecting and extraction. The Committee requests the Government to continue to provide information concerning the number of incoming and outgoing migrant workers, the sectors of occupation concerned

Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes the Government’s indication that, further to the amendment on 24 March 2018 on the Act on Foreign Labour Migration, standards have been established restricting the number of foreign workers at one economic entity to not more than 20 per cent of the overall number of workers. The Government also indicates that it plans to develop a concept for migration policy. The Committee requests the Government to continue to provide information on the implementation of national policies, laws and regulations on labour migration, including the formulation of a concept for migration policy, and any obstacles encountered.

Articles 2 and 3. Information and misleading propaganda. The Committee welcomes the information provided by the Government regarding the establishment and activities of the Information and Advice Centre operating as part of the State Migration Service. The Centre helps unemployed citizens find work abroad, mainly in the Russian Federation, Kazakhstan, the Republic of Korea and Turkey; it also undertakes activities to raise public awareness on access to the state services available and holds consultations. The Government adds that hotlines are also available as mechanisms against misleading propaganda and that Instructions for Private Employment Agencies for Pre-departure Preparation of Migrant Workers have been developed and approved, and the licence of a private agency may be suspended if a violation of dissemination of misleading propaganda is detected. The Committee asks the Government to provide information on the supervision of the private agencies under the Instructions for Private Employment Agencies for Pre-departure Preparation of Migrant Workers and its results, and information on any steps taken against misleading propaganda relating to emigration and immigration.

Article 4. Facilitation of departure, journey and reception of migrant workers. The Committee notes the Government’s indication that the Information and Advice Centre establishes favourable conditions for the work of private agencies to recruit abroad. It notes that, over the reporting period, with the cooperation of 123 private agencies, it was possible to find work abroad for 5,507 Kyrgyz citizens – 2,056 of which were women. A number of agreements are also being developed under the Eurasian Economic Union that are aimed at facilitating the stay, recruitment and safety of workers. The Committee asks the Government to continue to provide information regarding services provided to Kyrgyz citizens emigrating for labour purposes, through the Information and Advice Centre or otherwise. It also requests the Government to provide information on any information and assistance services provided to foreign workers in Kyrgyzstan and to returning migrant workers to assist in their reintegration in the country.

Article 5. Medical services. The Committee notes the Government’s indication that, under Act No. 4 of 13 January 2006 on External Labour Migration, foreign citizens must, at the request of the employer, submit to a medical examination in the format established by law. The Government also indicates that, “if, during the medical examination, any social disease is identified (HIV/AIDS), the medical centre does not issue the foreign worker with a medical certificate. Accordingly, a foreign citizen who does not have the full packet of documents cannot submit those documents for the committee’s consideration in order to receive a work permit”. The Committee recalls that it considers that “refusal of entry ... on the grounds that the worker concerned is suffering from an infection or illness of any kind, which has no effect on the task for which the worker has been recruited, constitutes an unacceptable form of discrimination” (General Survey of 1999 on migrant workers, para. 266). The Committee also draws the Government’s attention to Paragraphs 25 and 28 of the HIV and AIDS Recommendation, 2010 (No. 200), which provide that “HIV testing or other forms of screening for HIV should not be required of workers, including migrant workers, jobseekers and job applicants” and “[m]igrant workers, or those seeking to migrate for employment, should not be excluded from migration by the countries of origin, of transit or of destination on the basis of their real or perceived HIV status” (General Survey of 2016, paragraph 252). The Committee requests the Government to take the necessary measures to amend the Act No. 4 of 2006 with a view to ensuring that when the worker concerned is suffering from an infection or illness of any kind, which has no effect on the task for which he or she has been recruited, he or she can obtain a work permit and to provide information on any progress achieved in this respect.

Article 6. Equality of treatment. The Committee notes that, in reply to its request regarding the implementation in practice of the non-discrimination provisions of Law No. 61 of 2000, the Government indicates that an inter-agency working committee was established to consider the status of immigrants in order to issue or withdraw residency permits. The Committee recalls that Article 6 of the Convention prohibits unequal treatment resulting from legislation or administrative practices. Member States should ensure that equality legislation is applied effectively, including through labour inspection or other supervisory authorities. In requiring “no less favourable treatment”, the Convention allows the application of treatment to migrant workers which, although not identical to that enjoyed by nationals, is equivalent in its effects”. The Committee also considers that “Governments should implement active measures appropriate to the national circumstances so as to ensure that this right is effective in practice as well as in law” (General Survey of 2016, paras 332 and 420). The Committee requests the Government to indicate how it ensures that the treatment extended to migrant workers employed in Kyrgyzstan is no less favourable than that which is applied to nationals, in law and in practice with regard to the matters listed in Article 6(a)-(d) of the Convention, in particular conditions of work and social security. The Committee also asks the Government to provide information on any activities carried out by the labour inspection services, or other enforcement bodies, to monitor conditions of employment of migrant workers, and secure the enforcement of legal provisions relating to their conditions of work, particularly in the sectors in which they are mainly employed, and their outcome. Please also indicate the mechanisms and procedures allowing migrant workers to be informed of their rights and to seek redress on an equal footing with nationals regarding situations of non-respect of the right to equal treatment in practice, with respect to working conditions, including termination, without facing the risk of losing their residence permit.

Article 8. Maintenance of residence in the event of incapacity for work. In its previous comment, the Committee requested the Government to indicate if the refusal to issue a residence permit on the grounds that “the migrant worker is not able to sustain himself or his dependants”, under Law No. 61 of 2002, also applies to migrant workers who have been admitted on a permanent basis or to the members of his or her family, because the migrant is unable to follow his or her occupation by reason of illness contracted or injury sustained subsequent to entry. Noting that the Government’s report does not contain any reply, the Committee recalls that security of residence of permanent migrants and members of their families in case of ill health or injury constitutes one of the most important provisions of the Convention, and it is concerned that, in cases where this is not effectively applied, permanently resident migrants may find themselves under constant threat of repatriation. The Committee therefore requests the Government to indicate how it is being ensured that migrant workers who have been admitted on a permanent basis, and the members of their family authorized to join them, and who are unable to work due to illness contracted or injury sustained subsequent to entry, maintain their right to residence or are not refused the issuance of the residence permit on the grounds of their inability to sustain themselves or their dependants.

Article 11. Definition of the term “migrant workers”. The Committee notes the Government’s indication that the situation of refugees who are not covered by Act No. 4 of 2006 on External Labour Migration is governed by the Refugees Act of 2002.

Annex I of the Convention. In reply to the Committee’s request, the Government indicate that private employment agencies providing services for the recruitment of Kyrgyz citizens abroad operate with a permit granted by the Government’s State Migration Service and are regulated by Government Decision No. 175 of 16 April 2019 approving the Regulations on the Performance of Labour Activities by Foreign Citizens and Stateless Persons in the Territory of Kyrgyzstan, and the Regulations on the Procedure for Undertaking the Recruitment of Kyrgyz Citizens Abroad. Noting this information, the Committee asks once again the Government to provide information on: (i) the type of services they provide to migrant workers and to specify whether these services are free of charge; and (ii) the number or percentage of migrant workers who have migrated to or from Kyrgyzstan with the assistance of an employment agency or not.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes that Law No. 4 of 13 January 2006 on Foreign Labour Migration regulates the employment of immigrant and emigrant workers, including the operations of private agencies. Furthermore, the Committee notes that according to section 2 of the Law, the national labour migration policy should be based on international human rights principles and social protection of migrant workers as well as on national interests. The Committee requests the Government to provide information on the effective implementation of Law No. 4 of 2006, as well as Law No. 61 of 17 July 2000 on external migration, Decree No. 639 of 2006 which regulates labour activities of migrant workers, and any other law related to working and living conditions of migrant workers. Please indicate any obstacles and problems encountered in their implementation. The Committee also requests the Government to indicate the competencies of the Ministry of Labour, Employment and Migration and the State Committee for Migration and Employment with respect to the implementation of the Convention and to indicate information on the implementation of the national labour migration policy.

Articles 2 and 3. Information and misleading propaganda. The Committee notes that a policy is being put in place to inform the public with respect to departure, residence and recruitment of Kyrgyz citizens abroad and is establishing offices for the protection of the rights of migrant workers. The Committee further notes that section 16 of Law No. 4 of 2006 contains the right of migrant workers to be informed about working conditions, remuneration, housing and other conditions and that section 29 of the same Law contains the obligation to take measures against misleading propaganda. The Committee requests the Government to indicate the manner in which the policy operates as well as to provide information on the application of Law No. 4 of 2006 in practice to ensure that migrant workers are not victims of misleading propaganda relating to emigration and immigration.

Article 4. Facilitation of departure, journey and reception of migrant workers. The Committee notes that Law No. 4 of 2006 contains conditions for the departure of migrant workers, but does not contain provisions relating to their protection. The Committee requests the Government to provide information on how migrant workers departing from Kyrgyzstan are protected in practice.

Article 5. Medical services. The Committee notes that according to section 16 of Law No. 4 of 2006, migrant workers must, at the employer’s request, undergo a standard physical examination. The Committee recalls that, while medical testing and the prohibition of entry of persons on the grounds that they may constitute a grave risk to public health is likely to be a routine and responsible precaution prior to permitting entry of non-nationals, the exclusion of individuals on certain medical or personal grounds which do not pose a danger to public health or a burden to public funds may be dated due to scientific developments or changing social attitudes, and some may constitute discrimination. The Committee requests the Government to indicate the objective of the standard physical examination and if it can lead to any changes in the legal status of the migrant worker.

Article 6. Equality of treatment. The Committee recalls that according to section 4 of Law No. 6 of 2000, migration management shall be based on the principles of free choice of place of residence, freedom of labour and movement and the inadmissibility of discrimination on the grounds of ethnic origin, sex, race, nationality, language, religion, political or religious beliefs or any other reason. The Committee notes that section 18 of Law No. 4 of 2006 states that the hiring of migrant workers should be based on the principle of equal rights. The Committee requests the Government to indicate the manner in which section 4 of Law No. 6 of 2000 and section 18 of Act No. 4 of 2006 are implemented in practice, in particular with respect to all the matters enumerated in Article 6(a)–(d).

Article 8. Maintenance of residence in the event of incapacity for work. According to Law No. 61 of 2000, a visa or residence permit can be refused on the grounds that the migrant worker is not able to sustain himself or his dependants. The Committee requests the Government to indicate if this also applies to migrant workers who have been admitted on a permanent basis or to the members of his or her family, because the migrant is unable to follow his or her occupation by reason of illness contracted or injury sustained subsequent to entry.

Article 11. Definition of the term “migrant workers”. The Committee notes that section 3 relating to the scope of Law No. 4 of 2006 excludes, among others, stateless persons, refugees, permanent residents, correspondents and journalists from the scope of its application. The Committee recalls that the rights afforded by the Convention apply to international migrants for employment, refugees and displaced persons, and the family members of migrant workers. These rights apply to the entire active population with the exception of self employed workers but including permanent, temporary and seasonal migrant workers. According to Article 11(2) of the Convention, it does not apply to frontier workers, short-term entry of members of the liberal professions and artistes, and seafarers. The Committee requests the Government to indicate how it is ensured that the categories of migrant workers excluded from the scope of the Law benefit of the rights enshrined in the Convention and to indicate if these categories of migrant workers are covered by another legislative or regulatory text.

Annex I of the Convention. The Committee recalls that the state programme for migration and employment 2010–12 provided for measures for the creation of a system for legal employment of citizens abroad through private employment services. The Committee notes that sections 11 and 15 of Law No. 4 of 2006 regulate the activities of private agencies, which must obtain a permit from the competent authority to undertake the recruitment of foreign workers or of Kyrgyz citizens to work abroad. The Committee further notes that, according to section 11, private agencies have to pay a fee to cover the administrative costs related to the issuance of work permits. The Committee requests the Government to provide detailed information on the legal regime of private agencies as well as the services and the information that they provide. Please indicate whether the services provided to migrant workers by these agencies are free of charge.

Statistical information. Noting that the state programme for migration and employment 2010–12 provided for the creation of a database to record entry and exit of citizens in the country, the Committee requests the Government to provide information concerning the number of incoming and outgoing migrant workers, the sectors of occupation and whether they migrated with the assistance of an employment agency or not.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with regret that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2016.

Repetition

Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes that Law No. 4 of 13 January 2006 on Foreign Labour Migration regulates the employment of immigrant and emigrant workers, including the operations of private agencies. Furthermore, the Committee notes that according to section 2 of the Law, the national labour migration policy should be based on international human rights principles and social protection of migrant workers as well as on national interests. The Committee requests the Government to provide information on the effective implementation of Law No. 4 of 2006, as well as Law No. 61 of 17 July 2000 on external migration, Decree No. 639 of 2006 which regulates labour activities of migrant workers, and any other law related to working and living conditions of migrant workers. Please indicate any obstacles and problems encountered in their implementation. The Committee also requests the Government to indicate the competencies of the Ministry of Labour, Employment and Migration and the State Committee for Migration and Employment with respect to the implementation of the Convention and to indicate information on the implementation of the national labour migration policy.

Articles 2 and 3. Information and misleading propaganda. The Committee notes that a policy is being put in place to inform the public with respect to departure, residence and recruitment of Kyrgyz citizens abroad and is establishing offices for the protection of the rights of migrant workers. The Committee further notes that section 16 of Law No. 4 of 2006 contains the right of migrant workers to be informed about working conditions, remuneration, housing and other conditions and that section 29 of the same Law contains the obligation to take measures against misleading propaganda. The Committee requests the Government to indicate the manner in which the policy operates as well as to provide information on the application of Law No. 4 of 2006 in practice to ensure that migrant workers are not victims of misleading propaganda relating to emigration and immigration.

Article 4. Facilitation of departure, journey and reception of migrant workers. The Committee notes that Law No. 4 of 2006 contains conditions for the departure of migrant workers, but does not contain provisions relating to their protection. The Committee requests the Government to provide information on how migrant workers departing from Kyrgyzstan are protected in practice.

Article 5. Medical services. The Committee notes that according to section 16 of Law No. 4 of 2006, migrant workers must, at the employer’s request, undergo a standard physical examination. The Committee recalls that, while medical testing and the prohibition of entry of persons on the grounds that they may constitute a grave risk to public health is likely to be a routine and responsible precaution prior to permitting entry of non-nationals, the exclusion of individuals on certain medical or personal grounds which do not pose a danger to public health or a burden to public funds may be dated due to scientific developments or changing social attitudes, and some may constitute discrimination. The Committee requests the Government to indicate the objective of the standard physical examination and if it can lead to any changes in the legal status of the migrant worker.

Article 6. Equality of treatment. The Committee recalls that according to section 4 of Law No. 6 of 2000, migration management shall be based on the principles of free choice of place of residence, freedom of labour and movement and the inadmissibility of discrimination on the grounds of ethnic origin, sex, race, nationality, language, religion, political or religious beliefs or any other reason. The Committee notes that section 18 of Law No. 4 of 2006 states that the hiring of migrant workers should be based on the principle of equal rights. The Committee requests the Government to indicate the manner in which section 4 of Law No. 6 of 2000 and section 18 of Act No. 4 of 2006 are implemented in practice, in particular with respect to all the matters enumerated in Article 6(a)–(d).

Article 8. Maintenance of residence in the event of incapacity for work. According to Law No. 61 of 2000, a visa or residence permit can be refused on the grounds that the migrant worker is not able to sustain himself or his dependants. The Committee requests the Government to indicate if this also applies to migrant workers who have been admitted on a permanent basis or to the members of his or her family, because the migrant is unable to follow his or her occupation by reason of illness contracted or injury sustained subsequent to entry.

Article 11. Definition of the term “migrant workers”. The Committee notes that section 3 relating to the scope of Law No. 4 of 2006 excludes, among others, stateless persons, refugees, permanent residents, correspondents and journalists from the scope of its application. The Committee recalls that the rights afforded by the Convention apply to international migrants for employment, refugees and displaced persons, and the family members of migrant workers. These rights apply to the entire active population with the exception of self employed workers but including permanent, temporary and seasonal migrant workers. According to Article 11(2) of the Convention, it does not apply to frontier workers, short-term entry of members of the liberal professions and artistes, and seafarers. The Committee requests the Government to indicate how it is ensured that the categories of migrant workers excluded from the scope of the Law benefit of the rights enshrined in the Convention and to indicate if these categories of migrant workers are covered by another legislative or regulatory text.

Annex I of the Convention. The Committee recalls that the state programme for migration and employment 2010–12 provided for measures for the creation of a system for legal employment of citizens abroad through private employment services. The Committee notes that sections 11 and 15 of Law No. 4 of 2006 regulate the activities of private agencies, which must obtain a permit from the competent authority to undertake the recruitment of foreign workers or of Kyrgyz citizens to work abroad. The Committee further notes that, according to section 11, private agencies have to pay a fee to cover the administrative costs related to the issuance of work permits. The Committee requests the Government to provide detailed information on the legal regime of private agencies as well as the services and the information that they provide. Please indicate whether the services provided to migrant workers by these agencies are free of charge.

Statistical information. Noting that the state programme for migration and employment 2010–12 provided for the creation of a database to record entry and exit of citizens in the country, the Committee requests the Government to provide information concerning the number of incoming and outgoing migrant workers, the sectors of occupation and whether they migrated with the assistance of an employment agency or not.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with regret that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes that Law No. 4 of 13 January 2006 on Foreign Labour Migration regulates the employment of immigrant and emigrant workers, including the operations of private agencies. Furthermore, the Committee notes that according to section 2 of the Law, the national labour migration policy should be based on international human rights principles and social protection of migrant workers as well as on national interests. The Committee requests the Government to provide information on the effective implementation of Law No. 4 of 2006, as well as Law No. 61 of 17 July 2000 on external migration, Decree No. 639 of 2006 which regulates labour activities of migrant workers, and any other law related to working and living conditions of migrant workers. Please indicate any obstacles and problems encountered in their implementation. The Committee also requests the Government to indicate the competencies of the Ministry of Labour, Employment and Migration and the State Committee for Migration and Employment with respect to the implementation of the Convention and to indicate information on the implementation of the national labour migration policy.

Articles 2 and 3. Information and misleading propaganda. The Committee notes that a policy is being put in place to inform the public with respect to departure, residence and recruitment of Kyrgyz citizens abroad and is establishing offices for the protection of the rights of migrant workers. The Committee further notes that section 16 of Law No. 4 of 2006 contains the right of migrant workers to be informed about working conditions, remuneration, housing and other conditions and that section 29 of the same Law contains the obligation to take measures against misleading propaganda. The Committee requests the Government to indicate the manner in which the policy operates as well as to provide information on the application of Law No. 4 of 2006 in practice to ensure that migrant workers are not victims of misleading propaganda relating to emigration and immigration.

Article 4. Facilitation of departure, journey and reception of migrant workers. The Committee notes that Law No. 4 of 2006 contains conditions for the departure of migrant workers, but does not contain provisions relating to their protection. The Committee requests the Government to provide information on how migrant workers departing from Kyrgyzstan are protected in practice.

Article 5. Medical services. The Committee notes that according to section 16 of Law No. 4 of 2006, migrant workers must, at the employer’s request, undergo a standard physical examination. The Committee recalls that, while medical testing and the prohibition of entry of persons on the grounds that they may constitute a grave risk to public health is likely to be a routine and responsible precaution prior to permitting entry of non-nationals, the exclusion of individuals on certain medical or personal grounds which do not pose a danger to public health or a burden to public funds may be dated due to scientific developments or changing social attitudes, and some may constitute discrimination. The Committee requests the Government to indicate the objective of the standard physical examination and if it can lead to any changes in the legal status of the migrant worker.

Article 6. Equality of treatment. The Committee recalls that according to section 4 of Law No. 6 of 2000, migration management shall be based on the principles of free choice of place of residence, freedom of labour and movement and the inadmissibility of discrimination on the grounds of ethnic origin, sex, race, nationality, language, religion, political or religious beliefs or any other reason. The Committee notes that section 18 of Law No. 4 of 2006 states that the hiring of migrant workers should be based on the principle of equal rights. The Committee requests the Government to indicate the manner in which section 4 of Law No. 6 of 2000 and section 18 of Act No. 4 of 2006 are implemented in practice, in particular with respect to all the matters enumerated in Article 6(a)–(d).

Article 8. Maintenance of residence in the event of incapacity for work. According to Law No. 61 of 2000, a visa or residence permit can be refused on the grounds that the migrant worker is not able to sustain himself or his dependants. The Committee requests the Government to indicate if this also applies to migrant workers who have been admitted on a permanent basis or to the members of his or her family, because the migrant is unable to follow his or her occupation by reason of illness contracted or injury sustained subsequent to entry.

Article 11. Definition of the term “migrant workers”. The Committee notes that section 3 relating to the scope of Law No. 4 of 2006 excludes, among others, stateless persons, refugees, permanent residents, correspondents and journalists from the scope of its application. The Committee recalls that the rights afforded by the Convention apply to international migrants for employment, refugees and displaced persons, and the family members of migrant workers. These rights apply to the entire active population with the exception of self employed workers but including permanent, temporary and seasonal migrant workers. According to Article 11(2) of the Convention, it does not apply to frontier workers, short-term entry of members of the liberal professions and artistes, and seafarers. The Committee requests the Government to indicate how it is ensured that the categories of migrant workers excluded from the scope of the Law benefit of the rights enshrined in the Convention and to indicate if these categories of migrant workers are covered by another legislative or regulatory text.

Annex I of the Convention. The Committee recalls that the state programme for migration and employment 2010–12 provided for measures for the creation of a system for legal employment of citizens abroad through private employment services. The Committee notes that sections 11 and 15 of Law No. 4 of 2006 regulate the activities of private agencies, which must obtain a permit from the competent authority to undertake the recruitment of foreign workers or of Kyrgyz citizens to work abroad. The Committee further notes that, according to section 11, private agencies have to pay a fee to cover the administrative costs related to the issuance of work permits. The Committee requests the Government to provide detailed information on the legal regime of private agencies as well as the services and the information that they provide. Please indicate whether the services provided to migrant workers by these agencies are free of charge.

Statistical information. Noting that the state programme for migration and employment 2010–12 provided for the creation of a database to record entry and exit of citizens in the country, the Committee requests the Government to provide information concerning the number of incoming and outgoing migrant workers, the sectors of occupation and whether they migrated with the assistance of an employment agency or not.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes that Law No. 4 of 13 January 2006 on Foreign Labour Migration regulates the employment of immigrant and emigrant workers, including the operations of private agencies. Furthermore, the Committee notes that according to section 2 of the Law, the national labour migration policy should be based on international human rights principles and social protection of migrant workers as well as on national interests. The Committee requests the Government to provide information on the effective implementation of Law No. 4 of 2006, as well as Law No. 61 of 17 July 2000 on external migration, Decree No. 639 of 2006 which regulates labour activities of migrant workers, and any other law related to working and living conditions of migrant workers. Please indicate any obstacles and problems encountered in their implementation. The Committee also requests the Government to indicate the competencies of the Ministry of Labour, Employment and Migration and the State Committee for Migration and Employment with respect to the implementation of the Convention and to indicate information on the implementation of the national labour migration policy.

Articles 2 and 3. Information and misleading propaganda. The Committee notes that a policy is being put in place to inform the public with respect to departure, residence and recruitment of Kyrgyz citizens abroad and is establishing offices for the protection of the rights of migrant workers. The Committee further notes that section 16 of Law No. 4 of 2006 contains the right of migrant workers to be informed about working conditions, remuneration, housing and other conditions and that section 29 of the same Law contains the obligation to take measures against misleading propaganda. The Committee requests the Government to indicate the manner in which the policy operates as well as to provide information on the application of Law No. 4 of 2006 in practice to ensure that migrant workers are not victims of misleading propaganda relating to emigration and immigration.

Article 4. Facilitation of departure, journey and reception of migrant workers. The Committee notes that Law No. 4 of 2006 contains conditions for the departure of migrant workers, but does not contain provisions relating to their protection. The Committee requests the Government to provide information on how migrant workers departing from Kyrgyzstan are protected in practice.

Article 5. Medical services. The Committee notes that according to section 16 of Law No. 4 of 2006, migrant workers must, at the employer’s request, undergo a standard physical examination. The Committee recalls that, while medical testing and the prohibition of entry of persons on the grounds that they may constitute a grave risk to public health is likely to be a routine and responsible precaution prior to permitting entry of non-nationals, the exclusion of individuals on certain medical or personal grounds which do not pose a danger to public health or a burden to public funds may be dated due to scientific developments or changing social attitudes, and some may constitute discrimination. The Committee requests the Government to indicate the objective of the standard physical examination and if it can lead to any changes in the legal status of the migrant worker.

Article 6. Equality of treatment. The Committee recalls that according to section 4 of Law No. 6 of 2000, migration management shall be based on the principles of free choice of place of residence, freedom of labour and movement and the inadmissibility of discrimination on the grounds of ethnic origin, sex, race, nationality, language, religion, political or religious beliefs or any other reason. The Committee notes that section 18 of Law No. 4 of 2006 states that the hiring of migrant workers should be based on the principle of equal rights. The Committee requests the Government to indicate the manner in which section 4 of Law No. 6 of 2000 and section 18 of Act No. 4 of 2006 are implemented in practice, in particular with respect to all the matters enumerated in Article 6(a)–(d).

Article 8. Maintenance of residence in the event of incapacity for work. According to Law No. 61 of 2000, a visa or residence permit can be refused on the grounds that the migrant worker is not able to sustain himself or his dependants. The Committee requests the Government to indicate if this also applies to migrant workers who have been admitted on a permanent basis or to the members of his or her family, because the migrant is unable to follow his or her occupation by reason of illness contracted or injury sustained subsequent to entry.

Article 11. Definition of the term “migrant workers”. The Committee notes that section 3 relating to the scope of Law No. 4 of 2006 excludes, among others, stateless persons, refugees, permanent residents, correspondents and journalists from the scope of its application. The Committee recalls that the rights afforded by the Convention apply to international migrants for employment, refugees and displaced persons, and the family members of migrant workers. These rights apply to the entire active population with the exception of self employed workers but including permanent, temporary and seasonal migrant workers. According to Article 11(2) of the Convention, it does not apply to frontier workers, short-term entry of members of the liberal professions and artistes, and seafarers. The Committee requests the Government to indicate how it is ensured that the categories of migrant workers excluded from the scope of the Law benefit of the rights enshrined in the Convention and to indicate if these categories of migrant workers are covered by another legislative or regulatory text.

Annex I of the Convention. The Committee recalls that the state programme for migration and employment 2010–12 provided for measures for the creation of a system for legal employment of citizens abroad through private employment services. The Committee notes that sections 11 and 15 of Law No. 4 of 2006 regulate the activities of private agencies, which must obtain a permit from the competent authority to undertake the recruitment of foreign workers or of Kyrgyz citizens to work abroad. The Committee further notes that, according to section 11, private agencies have to pay a fee to cover the administrative costs related to the issuance of work permits. The Committee requests the Government to provide detailed information on the legal regime of private agencies as well as the services and the information that they provide. Please indicate whether the services provided to migrant workers by these agencies are free of charge.

Statistical information. Noting that the state programme for migration and employment 2010–12 provided for the creation of a database to record entry and exit of citizens in the country, the Committee requests the Government to provide information concerning the number of incoming and outgoing migrant workers, the sectors of occupation and whether they migrated with the assistance of an employment agency or not.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the Government’s first report.

Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes the Government’s indication that legislation concerning labour migration has been adopted for the implementation of the Convention. The Committee notes in particular Law No. 61 of 17 July 2000 on external migration that regulates the entry of foreign citizens in the country as well as Decree No. 639 of 2006 which regulates labour activities of migrant workers. The Committee also notes Law No. 4 of 13 January 2006 on Foreign Labour Migration which regulates the conditions for the departure of labour migrants and their protection. The Committee will provide relevant comments on Law No. 4 of 13 January 2006 in its next report, once the translation of the law is made available. In the meantime, the Committee requests the Government to provide information on the effective implementation of this Law, as well as Law No. 61 of 17 July 2000 on external migration, Decree No. 639 of 2006 and any other law related to working and living conditions of migrant workers. Please indicate any obstacles and problems encountered for their implementation. The Committee also requests the Government to indicate the competencies of the Ministry of Labour, Employment and Migration and the State Committee for Migration and Employment with respect to the implementation of the Convention.

The Committee notes the drafting of the state programme on the regulation of labour migration and promotion of employment in crisis (2010–12). The Committee notes that this programme contained measures for the increase in the level of awareness and information for labour migrants and the setting up of state structures for legal employment and social protection of citizens abroad. It also provided for the establishment of sanctions for illegal employment, for the improvement of the system of data collection and statistics of labour migration and for increased cooperation with the Russian Federation and Kazakhstan for the improvement of the working and living conditions of migrant workers. The Committee requests the Government to indicate if the state programme for 2010–12 was implemented, and to provide information on the results obtained and the obstacles found with respect to migrant workers, including stateless persons and refugees authorized to work as well as Kyrgyz workers migrating abroad. Please also indicate if a new state programme has been drafted and approved for the current period.

Bilateral agreements. The Committee notes the Government’s indication that it has concluded bilateral agreements with Kazakhstan, Russian Federation, Azerbaijan, Tajikistan and Republic of Korea. Kyrgyzstan is also party to the International Convention for the Protection of the Rights of All Migrant Workers and Members of Their Families, 1990, and the Commonwealth of Independent States Convention on the Legal Status of Migrant Workers, 2008. The Committee requests the Government to provide specific information on the impact of these agreements on the working conditions of both migrant workers in the country as well as Kyrgyz citizens migrating abroad, and on any difficulty in their implementation. Please also provide information on any new agreement signed.

Articles 2 and 3. Information and misleading propaganda. The Committee notes the Government’s indication that a policy is being put in place to inform the public with respect to departure, residence and recruitment of Kyrgyz citizens abroad and is establishing offices for the protection of the rights of migrant workers. The Committee requests the Government to indicate the manner in which this policy operates as well as how this policy or any other measures ensure that migrant workers are not victims of misleading propaganda relating to emigration and immigration.

Article 4. The Committee requests the Government to provide concrete information on the measures taken or encouraged to facilitate departure, journey and reception of Kyrgyz citizens abroad, in the framework of Law No. 4 of 13 January 2006 on Foreign Labour Migration which regulates the conditions for the departure of labour migrants and their protection, and any other relevant legislation.

Article 6. Equality of treatment. The Committee notes that according to Article 4 of Act No. 6 of 2000, migration management shall be based on the principles of free choice of place of residence, freedom of labour and movement and the inadmissibility of discrimination on the grounds of ethnic origin, sex, race, nationality, language, religion, political or religious beliefs or any other reason. The Committee requests the Government to indicate the manner in which Article 4 of Act No. 6 of 2000 is implemented in practice, in particular with respect to all the matters enumerated in Article 6(a)–(d). Please also indicate if this provision covers all categories of migrant workers, including those with temporary residence as well as stateless persons and asylum seekers working in the country.

Article 8. Maintenance of residence in the event of incapacity for work. According to Act No. 61 of 2000, a visa or residence permit can be refused on the ground that the migrant worker is not able to sustain himself or his dependants. The Committee requests the Government to indicate if this also applies to migrant workers who have been admitted on a permanent basis or to the members of his or her family, because the migrant is unable to follow his or her occupation by reason of illness contracted or injury sustained subsequent to entry.

Annex I of the Convention. The Committee notes that the state programme for migration and employment 2010–12 provided for measures for the creation of a system for legal employment of citizens abroad through private employment services. The Committee requests the Government to provide detailed information on the legal regime of private employment agencies as well as the services and the information that they provide. Please indicate whether the services provided to migrant workers by these agencies are free of charges.

Statistical information. Noting that the state programme for migration and employment 2010–12 provided for the creation of a database to record entry and exit of citizens in the country, the Committee requests the Government to provide information concerning the number of ingoing and outgoing migrant workers, the sectors of occupation and whether they migrated with the assistance of an employment agency or not.

[The Government is asked to report in detail in 2015.]