JOINT STAFF WORKING DOCUMENT The EU Special Incentive Arrangement for Sustainable Development and Good Governance ('GSP+') assessment of the Kyrgyz Republic covering the period 2018 - 2019 Accompanying the document Joint Report to the European Parliament and the Council Report on the Generalised Scheme of Preferences covering the period 2018-2019
Date: 2020-02-10
Institutions: Directorate-General for Trade and Economic Security, European Commission
Subjects: EU market, Kyrgyzstan, common commercial policy, development aid, generalised preferences, human rights, international convention, sustainable development, tariff preference

EN 

  EN 

   EUROPEAN COMMISSION HIGH REPRESENTATIVE OF THE UNION FOR FOREIGN AFFAIRS AND SECURITY POLICY Brussels, 10.2.2020  SWD(2020) 20 final  JOINT STAFF WORKING DOCUMENT  The EU Special Incentive Arrangement for Sustainable Development and Good Governance ('GSP+') assessment of the Kyrgyz Republic covering the period 2018 - 2019     Accompanying the document Joint Report to the European Parliament and the Council Report on the Generalised Scheme of Preferences covering the period 2018-2019 {JOIN(2020) 3 final} - {SWD(2020) 16 final} - {SWD(2020) 17 final} - {SWD(2020) 18 final} - {SWD(2020) 19 final} - {SWD(2020) 21 final} - {SWD(2020) 22 final} - {SWD(2020) 23 final} - {SWD(2020) 24 final} - {SWD(2020) 25 final}  
 
 
Kyrgyz Republic  

 Summary Assessment 

Overall, the Kyrgyz Republic has made sustained efforts towards effective implementation of 
the GSP+ relevant Conventions, especially on human rights. During the 2018-2019 reporting 
period, the human rights and good governance situation in Kyrgyzstan saw several legislative 
improvements.  The  country  is  still  facing  important  implementation  issues,  including  in 
financing.  Kyrgyzstan  followed  up  on  commitments  related  to  environmental  protection. 
Deficiencies  in  reporting  on  labour  rights  made  an  up-to-date  assessment  challenging. 
However,  the  introduction  in  parliament  of  a  restrictive  draft  law  on  trade  unions  is  a 
worrying development.  

Priorities 

A GSP+ monitoring mission to Kyrgyzstan took place in June 2018. The EU and the Kyrgyz 
Republic,  as  well  as  representatives  of  non-governmental  organisations  (NGOs)  and  trade 
unions, had a constructive dialogue on key topics such as rule of law and good governance, 
reporting  under  International  Labour  Organisation  (ILO)  conventions,  and  handling  of 
persistent  organic  pollutants.  During  the  reporting  period,  EU  engagement  with  Kyrgyzstan 
further focused on torture prevention; gender-based violence; anti-discrimination legislation; 
limitations  to  labour  inspections  and  freedom  of  association;  transparency  of  the  criminal 
justice system and corruption in the private sphere.  

Human Rights 

Several  positive  developments  in  the  legal  framework  are  noted.  These  include  the 
introduction  of  a  new  ‘humanised’  legal  package,  the  Human  Rights  Action  Plan  2019-
2021, an action plan on the implementation of 24 recommendations of the Convention on the 
Elimination  of  Racial  Discrimination  (CERD).  Kyrgyzstan  ratified  the  Convention  on  the 
Rights of People with Disabilities in 2019; authorities are drafting an implementation plan. 

Concerns  remain  regarding  Kyrgyzstan’s  National  Preventive  Mechanism,  the  National 
Centre  for  Prevention  of  Torture  (NCPT),  and  its  capacity  and  full  access  to  all  places  of 
detention.  While  this  is  enshrined  in  legislation,  lack  of  knowledge  among  local  authorities 
means access is restricted. With the entry into force of the new Criminal Code, obstructing the 
work  of  the  NCPT  is  no  longer  a  criminal  offense.On  gender-based  violence,  the 
criminalisation of under-age and forced marriage seems to have limited effect in terms of 
registered criminal cases. 

There  are  no  developments  on  a  stand-alone  anti-discrimination  law.  Since  Kyrgyz 
authorities attribute the delay to the lack of local experts, international partners have engaged 
to  form  a  working  group  to  prepare  the  legislation.  A  coalition  of  NGOs  hopes  to  have  the 
draft  introduced  in  Parliament  by  supportive  MPs  in  the  beginning  of  2020.  There  are  no 
developments on improving inter-ethnic relations, especially regarding the perceived lack of 
justice for 2010 events.  

Labour Rights 

Serous  failure  in  reporting  obligations  under  ILO  Conventions  hindered  an  up  to  date, 
accurate  assessment  of  implementation.  However,  in  a  welcome  effort  to  address  this,  the 
Government has sent in all pending reports at the end of 2019. 

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An area of serious concern is the draft  Trade Union law, which would drastically limit the 
independence of trade unions; it was approved at a second reading on 3 October 2019, after a 
rushed  parliamentary  procedure.  The  law,  if  finally  adopted,  would  contravene  ILO 
Conventions 87 and 98 on freedom of association and collective bargaining, which are part of 
Kyrgyzstan’s GSP+ commitments and Kyrgyzstan’s overall obligations towards the ILO. The 
Government  has  indicated its commitment to  be compliant with  its international  obligations 
and intends to seek assistance should the amendments be adopted by the legislative assembly. 

Serious  limitations  to  the  effective  enforcement  of  labour  laws  remain.  These  relate  to 
restrictions to labour inspections set in the law and are aggravated by a recent moratorium on 
labour  inspections.  A  new  Labour  Code  is  still  under  development.  Other  identified 
shortcomings  in  national  legislation  regarding  freedom  of  association  and  collective 
bargaining remain to be addressed.   

On child labour, there is some progress, with an updated list of hazardous occupations, and 
in practice in the notable decline of children involved in hazardous work. However, important 
pieces  are  still  missing  from  the  legal  framework,  such  as  the  definition  of  light  work. 
Limitations  to  labour  inspections  continue  to  seriously  hamper  the  control  and  sanction  of 
violations to child labour legislation, especially in family undertakings.  

taken  effect, 

Regarding women’s access to employment, many concerns remain on the legal framework 
and its application in practice. A long due review of discriminatory legal provisions has still 
the  2017  Ombudsman’s 
not 
recommendations  to  improve  the  application  of  women’s  labour  rights.  Discrimination  and 
sexual  harassment  continue  in  practice.  Steps  are  taken  to  increase  female  representation  in 
decision-making  bodies  by  ensuring  the  respect  of  the  gender  quota  in  practice;  the  2020 
parliamentary elections will be a test of their effectiveness.  

the  government  has  not  responded 

to 

Environment 

Kyrgyzstan has demonstrated a commitment to environmental standards through the reporting 
period.  This  includes  the  draft  Action  Plan  on  Biodiversity  (2019-2023)  and  priorities  for 
conservation  up  to  2030  and  activities  on  listing  and  monitoring  new  and  unintentional 
persistent organic pollutants (POPs) and raising awareness on the negative effects of POPs 
under the Stockholm Convention on Persistent Organic Pollutants.  

Good Governance 

Widespread  corruption  remains  a  challenge  for  Kyrgyzstan.  However,  the  government 
acknowledges the scale of the issue, as evident in its National Development Strategy (2019-
2040).  Authorities  have  taken  several  legislative  steps  and  action  plans  towards  good 
governance. Legislative changes include new laws on conflict of interest and the protection 
of whistle-blowers. Further work on the transparency of the criminal justice system includes 
the  planned  entry  into  force  of  jury  trials  and  an  automatic  system  for  distribution  of 
cases, as well as a new 2019 Code of Honour of Judges.  

lack  of  a  single  body  responsible  for  anti-corruption  policy  coordination, 
The 
implementation,  and  monitoring  leaves  institutional  competencies  fragmented  and  often 
ineffective. Weak social stigmatisation of bribery and a lack of legal and social accountability 
for  corruption  in  all  areas  of  society  persist.  The  revelation  in  November  2019  by 
investigative journalists of a large-scale corruption, smuggling and money-laundering scheme 

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involving the customs service was met with popular and political outrage. The authorities will 
have to prove that they can take on this type of corruption. 

Status of ratification and reporting 

During the reporting period, the Kyrgyz Republic maintained ratification of all Conventions 
relevant to GSP+, without reservations. 

An  overarching  development  was  increasing  cooperation  with  UN  mechanisms.  The 
authorities demonstrated willingness to reporting and cooperation in the area of human rights. 
The country’s Coordination Council on Human Rights submitted previously delayed reports 
under  the  Convention  Against  Torture  (CAT)  and  the  Convention  on  the  Elimination  of  all 
Froms  of  Discrimination  Against  Women  (CEDAW)  and  is  working  on  reports  on  the 
International Covenant on Civil and Political Rights (ICCPR).  

In the end of 2019, in a welcome effort, the Government sent all outstanding reports to the 
International  Labour  Organisation.  Previously,  due  to  failure  in  timely  reporting, 
Kyrgyzstan was singled out as not answering to the requests and observations of ILO in the 
reports to the 2018 and 2019 International Labour Conference. 

The country, however, fell short of its reporting obligations under environmental and climate 
change conventions, including CITES, the Basel Convention on the Control of Transboundary 
Movements  of  Hazardous  Wastes  and  Their  Disposal,  the  Stockholm  Convention  on 
Persistent  Organic  Pollutants,  and  the  UN  Framework  Convention  on  Climate  Change 
(UNFCCC).  Despite  these  shortcomings,  several  reports  were  submitted  in  2018  and  2019, 
including  improved  reporting  under  the  Basel  Convention,  indicating  increased  reporting 
effort.  Kyrgyzstan  is  compliant  with  its  reporting  obligations  on  good  governance 
conventions.  

Recent Developments 

The  Kyrgyz  Republic  is  the  second  poorest  country  in  Central  Asia.  The  country  has  a 
parliamentary  system  of  governance  and  is  known  for  its  well  functioning  democracy.  The 
political  system  is  nominally  pluralistic,  with  a  number  of  political  parties  competing  for 
influence among the electorate. Politics are centered on personalities and personal or business 
interests rather than ideology; parties show significant ideological proximity and opposition to 
the President is generally more symbolic than substantive. The last Presidential elections took 
place in 2017 and next Parliamentary elections will take place in 2020.  

During  its  27  years  of  independence,  Kyrgyzstan  has  experienced  two  revolutions,  in  2005 
and  2010,  which  resulted  in  change  of  the  country's  leadership.  The  2010  revolution  was 
followed by violent clashes between the Kyrgyz and Uzbek communities in the South. 

2015-2017  saw  a  shrinking  space  for  human  rights  and  civil  activism  with  a  controversial 
constitutional reform in 2016 and actions against political opposition, civil society, and media 
in  the  run  up  to  the  presidential  elections.  The  elections  on  15  October  2017  were  an 
important  test  of  Kyrgyz  democracy.  Although  not  without  imperfections,  peaceful  and 
competitive  elections  contributed  to  the  transparency  of  electoral  process  and  to  increased 
trust of voters. The elections were followed by a constitutional transition of power to the new 
President Sooronbay Jeenbekov.  

Following  the  elections,  a  gradually  deepening  rift  between  the  former  President  Almazbek 
Atambayev and President Jeenbekov marred the political climate. In August 2019, the former 

3 

 
 
 
President  was  arrested  and  charged  with  14  offenses  related  to  misdeeds  during  his  term 
(2011-2017)  and  to  the  violence  that  took  place  during  his  arrest.  The  stripping  of  his 
immunity as ex-President by Parliament, validated by the Supreme Court, sets a precedent for 
authorities to go after their predecessors through legal means. 

Kyrgyzstan  is  advanced  in  terms  of  respect  to  human  rights  and  fundamental  freedoms 
compared to its regional peers. The country enjoys a vibrant civil society and relatively free 
media.  Citizens  are  generally  free  to  exercise  their  rights.  At  the  same  time,  Kyrgyzstan  is 
facing  numerous  challenges  and  pressures.  The  country  continues  to  suffer  from  weak 
governance,  corruption,  inefficient  rule  of  law,  and  ethnic  tensions.  The  international  donor 
community, including the EU, has provided significant support for the process of democratic 
transition under the rule of law and commitment to human rights and fundamental freedoms, 
through the European Instrument for Democracy and Human Rights (EIDHR).  

EU – Kyrgyzstan Bilateral Development Assistance 

EU bilateral assistance to Kyrgyzstan amounts to €174 million for the period 2014-2020. 
Sectors  include  rule  of  law,  education,  and  integrated  rural  development.  Additional 
regional  and  thematic  funds  help  addressing  regional  challenges  related  to  security, 
environment, and management of natural resources. The EU and the Member States will 
continue  supporting  Kyrgyzstan's  efforts  in  consolidating  the  democratic  and  economic 
transition. 

The  EU  provided  assistance  to  Kyrgyzstan  through  the  Technical  Assistance  and 
Information Exchange instrument (TAIEX). Its aim is to increase GSP+ utilisation and 
attract  additional  EU  exports  to  Kyrgyzstan.  Activities  have  so  far  been  conducted  in 
Bishkek and Osh. New support is foreseen in Bishkek and Jalalabad. The main outcomes 
of  the  TAIEX  activities  include  increased  awareness  of  EU  standards,  procedures,  and 
business models among government officials, exporters, and accreditation agencies.  

Other  EU  programmes  aim  at  boosting  private  sector  development  in  the  country.  This 
includes  the  ongoing  Integrated  Rural  Development  Program,  which  supports  rural 
income-generating  activities  to  stimulate  the  economy  and  the  Value  Chain  Agro 
Finance  project,  which  aims  to  increase  the  competitiveness  of  Kyrgyz  agro-food  value 
chains. 

The support provided by the EU has contributed to raise GSP+ utilisation from 53.3 % in 
2016  to  60.7  %  in  2018.  The  sector  that  benefited  the  most  from  support  activities  is 
textile. 

Security  threats  mostly  relate  to  the  proximity  of  Afghanistan  (potential  instability,  drug 
trafficking along the Northern Heroin Route, organised crime) and risk of radicalisation and 
potential  return  of  foreign  fighters.  At  the  same  time,  porous  and  disputed  borders  between 
the  Kyrgyz  Republic  and  Tajikistan  result  in  frequent  clashes  between  the  residents  of  the 
border  areas  of  both  countries  and  several  deaths  in  2019.  The  increasingly  open  regional 
policy of Uzbekistan brought new positive dynamics on sensitive bilateral issues and regional 
cooperation,  with  a  historic  land  swap  to  advance  the  settlement  of  border  delimitation 
disputes.  

The  European  Union  and  the  Kyrgyz  Republic  have  been  partners  since  the  country’s 
independence  in  1991.  The  Partnership  and  Cooperation  Agreement  (PCA),  in  force  since 
1999, provides the legal framework for cooperation between the EU and the Kyrgyz Republic. 
In  July  2019,  the  EU  and  Kyrgyzstan  concluded  negotiations  on  the  new  Enhanced  PCA, 

4 

 
 
which  will  provide  a  modern  legal  basis  for  a  stronger  bilateral  cooperation  enhancing  and 
broadening areas of cooperation. In addition, the new EU Central Asia Strategy, revised and 
adopted in 2019, sets the political framework for EU-Central Asia relations for the upcoming 
years.  

EU – Kyrgyzstan trade and GSP 

The  Kyrgyz  Republic  is  a  member  of  the  WTO  since  1998  and  of  the  Eurasian  Economic 
Union  (EAEU)  since  2015.  Its  main  trading  partners  are  China,  Russia,  and  Kazakhstan. 
However, the economy of the country has been hampered by a number of structural problems: 
high dependence on remittances; a struggling private sector; an economy 70% constituted of 
informal revenues; a cumbersome business environment; and a general lack of national trade 
facilitation policies. At the same time Kyrgyzstan has maintained steady GDP growth over the 
last years (4-5% annually). 

The  levels  of  poverty  and  inequality  remain  challenging.  In  the  region,  Kyrgyzstan  is  still 
ranked as the poorest country after Tajikistan and its main political and economic partner is 
the Russian Federation. In this context, if the country’s accession to the EAEU improved the 
labour  conditions  for  Kyrgyz  migrants  living  in  Russia,  the  impact  of  the  EAEU  on  the 
economy  of  the  country  is  questioned.  In  recent  years,  China  has  surpassed  Russia  as 
Kyrgyzstan's main trading partner. The Chinese share in Kyrgyzstan external debt has grown 
in the last 5 years from 2 % to 44 %. 

Bilateral  trade  relations  between  the  EU  and  the  Kyrgyz  Republic  are  regulated  by  the 
Partnership and Cooperation Agreement (PCA) signed in 1995, in force since 1999. However, 
negotiations  on  the  new  Enhanced  PCA  text  were  concluded  in  July  2019.  The  EPCA  is 
expected to strengthen the EU-Kyrgyzstan trade relations.  

Total  EU-Kyrgyz  trade  doubled  in  2018  to  reach  €  917  million,  mostly  in  relation  to  gold 
exports,  but  also  thanks  to  the  GSP+  status  granted  by  the  EU  since  2016.  This  opened  up 
new  potential  for  economic  relations  between  the  two  partners  and  offers  opportunities  for 
Kyrgyzstan  to  increase  and  diversify  its  exports  and  to  strengthen  its  economy.  Kyrgyzstan 
exports to the EU in 2018 reached € 632 million and its imports € 285 million. The EU was 
Kyrgyzstan’s  1st  export partner, representing 45% of Kyrgyz exports. Kyrgyz  exports to the 
EU  consisted  predominantly  of  precious  metals,  and  to  a  lesser  extent  base  metals  and 
vegetable products.  

Figures 1-3 below describe Kyrgyzstan's utilisation of GSP+ in the context of the EU's overall 
imports from Kyrgyzstan1. 
Since  joining  the  GSP+  scheme  on  1st  January  2016,  the  Kyrgyz  Republic  has  increasingly 
benefitted from preferences. GSP+ exports to the EU have seen 50% increase between 2016 
and 2018 (from 3 million € to 6 million €), while utilisation rates have increased by 7 percent 
points  (from  53%  in  2016  to  60%  in  2018).  Furthermore,  Kyrgyzstan  has  had  a  massive 
increase in total trade with the EU, with an almost nine-time increase in total EU imports from 
Kyrgyzstan between 2016 and 2018 (from 72 million € to 630 million €). The vast majority 
(98%)  of  these  exports  already  benefit  from  MFN  zero  tariffs,  and  thus  are  not  included  in 
GSP+  statistics.  EU  imports  from  Kyrgyzstan  under  GSP+  continued  to  be  concentrated  on 
fruits and vegetables, though a significant minority (20%) of imports were of base metals.  

1 GSP-statistics only cover goods imported in the EU market, i.e. goods released for free circulation in the EU. 
The GSP statistics do not cover other EU-imports, like goods imported for the customs inward processing 
procedure or re-imports after the customs outward processing procedure 

5 

 
 
                                                 
Source for all statistics: Eurostat data as of September 2019. 

Figure 1: Imports to the EU 2016-2018: utilization rate 

Figure 2: Imports to the EU 2016-2018 by regime 

6 

Kyrgyz Republic - imports to the EU 2016-2018 (M€)201620172018trend 2016-2018Total imports72.3164.9631.2773.1%GSP+ eligible6.18.010.165.4%GSP+ preferential3.24.86.188.4%Utilisation rate53.3%60.1%60.7%14.0% 
 
 
 
 
 
 
Figure 3: Product Diversification: GSP+ Preferential Imports, 2018 

Kyrgyz Republic imports to EU 

S-02b fruits and vegetables

S15b base metals

S4c tobacco

S-11b apparel and clothing

S12a footwear

Other

0%

10%

20%

30%

40%

50%

60%

70%

7 

 
 
 
 
 
 
Compliance with GSP+ Obligations 

UN Human Rights Conventions  

The Kyrgyz Republic allocated significant attention to the implementation of the core human 
rights conventions over the last years. The legal framework has been improved, in particular 
the  National  Action  Plan  on  Gender  Equality  2018-2020  (2018);National  Action  Plan  on 
CERD  implementation  (January  2019);  draft 
National Action Plan on Implementation of the 
Istanbul Protocol.  In addition, the government 
approved the Action Plan on Human Rights for 
2019-2021  in  March  2019,  to  implement  the 
recommendations  by  the  UN  Committees  and 
Special  Rapporteurs  from  2013  to  2015.  In 
May 2019, the State ratified the Convention on 
the  Rights  of  People  with  Disabilities.  An 
accompanying  Action  Plan, 
including  a 
chapter  on  labour  rights,  is  in  draft.  This 
should positively influence the implementation 
in  particular 
of  other  core  conventions, 
Convention on the Rights of the Child, and the 
Covenant  on  Economic  Social  and  Cultural 
Rights.  

An  opinion  survey  conducted  in  May 
2019  under 
the  EU-funded  project 
Promoting Human and Labour Rights 
under  GSP+  gives  insight  into  Kyrgyz 
citizens’  perception  of  human  rights  and 
GSP+. The survey showed relatively low 
level  of  awareness  of  GSP+  and 
international  Human  Rights  obligations. 
However,  respondents  held  generally 
the  status  of 
positive  opinions  on 
equality, 
women’s 
children’s  rights;  but  were  less  positive 
about and child labour, corruption in the 
judiciary, and the degree to which human 
rights are observed overall. 

rights, 

ethnic 

The  first  visit  of  the  Subcommittee  on  the 
Prevention of Torture took place between 11 and 22 Sep 2018. The UN Special Rapporteur 
for the rights of minorities visited Kyrgyzstan in December 20192.  

International  Convention  on  the  Elimination  of  All  Forms  of  Racial 
Discrimination (CERD) 

The 2010 Constitution of the Kyrgyz Republic establishes state guarantees of equal rights and 
freedoms of a person and a citizen, regardless of gender, race, language, disability, ethnicity, 
religion, age, political or other beliefs, education, origin, property or other status, as well as 
other  circumstances.  However,  there  is  no  stand-alone  anti-discrimination  legislation. 
Kyrgyz authorities cite lack of experts as the reason for delay. International and local partners 
have formed a working group to draft the legislation, so far with limited engagement from the 
authorities.  The  High  Commissioner  on  Human  Rights  regional  office  is  supporting  the 
process,  including  through  involvement  of  local  civil  society  representatives.  A  coalition  of 
NGOs  hopes  to  introduce  a  draft  in  Parliament  in  2020  with  the  help  of  a  handful  of 
sympathetic MPs. 

The new Criminal Code of 2019 introduced liability for crimes against humanity, as well as 
introducing  Article  386  on  Apartheid.  Currently,  the  Office  of  the  President  of  the  Kyrgyz 
Republic is developing the Concept of Civic Integration Kyrgyz Jarany. The concept takes 
into  account  the  National  Strategy  for  Sustainable  Development  2018-2040,  and  the  main 
provisions of the Concept on the Unity of the People and Civic Identity.  

The  Kyrgyz  Government  has  previously  taken  several  measures  to  ensure  peaceful 
coexistence  between  different  ethnic  groups.  The  State  Agency  for  Local  Self-Government 

2 https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25422&LangID=E 

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and  Interethnic  Relations  monitors  the  developments  at  community  level,  through  public 
offices in multi-ethnic areas. The authorities report that, as a result of the work and activities 
performed by the Agency, the number of inter-ethnic incidents has decreased by three times.  

CERD  published  its  concluding  observations  and  recommendations  to  Kyrgyzstan  in  April 
2018.  The  Committee  recommended  that  Kyrgyzstan  adopt  a  comprehensive  anti-
discrimination  legislation  to  improve  the  situation  of  all  ethnic  minorities  in  Kyrgyzstan. 
This  further included improving access to justice; an immediate end to ethnic profiling by the 
police; increase of representation of ethnic minorities in the state bodies; creation of a special 
program  for improving and strengthening interethnic relations;  and guarantee of the right  to 
learn    and  receive  education  in  native  languages,  including  Uzbek.  In  early  2019,  the 
Government approved the Interagency Plan of Measures for 2019-2022 to implement the 24 
recommendations of CERD.  

To  target  the  underrepresentation  of  ethnic  minorities  in  the  civil  service,  Kyrgyzstan 
introduced  15%  representation  of  ethnic  minorities  in  the  country's  parliament  and  local 
assemblies. Currently, around 14% of Parliament deputies are from other ethnic communities; 
in local assemblies, the representation is around 13%.  

The  Government  policy  is  to  reinforce  the  national  language.  One  of  the  measures  in  this 
regard is the mandatory requirement of national language proficiency for officials, which has 
caused concern. At the same time, the educational system promotes the model of multilingual 
schools  with  programmes  in  28 schools  with  Uzbek and Tajik languages;  ethnic minortities 
are encouraged to learn Kyrgyz. Since 2014, Uzbek language is excluded from the National 
Literacy Test required to enter universities. The number of Uzbek schools has declined from 
133 in 2009 to 43 in June 2017. Many of these schools still teach Uzbek language, but Uzbek 
has lost its formal status due to the addition of other languages (usually Russian and Kyrgyz).  

Tensions  between  Kyrgyz  and  Uzbeks  culminated  in  the  violent  clashes  of  2010.  Issues  of 
proper  reconciliation,  justice,  and  accountability  for  the  2010  events  have  not  been 
sufficiently addressed and continue to cause grievances within society.  

International Covenant on Civil and Political Rights (ICCPR) 

The Constitution prohibits the death penalty, torture and other inhumane, cruel and degrading 
treatment  or  punishment  and  guarantees  the  right  to  compensation  from  the  State  for  harm 
caused by illegal actions by authorities. Furthermore, the Act on National Security Agencies 
includes  respect  of  human  rights  and  freedoms,  and  proportionality  of  any  restrictions. 
Government  bodies  responsible  for  implementation  of  this  are  the  Human  Rights 
Coordination  Council;  the  National  Centre  for  the  Prevention  of  Torture  (National 
Preventative  Mechanism),  and  a  special  unit  on  human  rights  monitoring  in  the  General 
Prosecutor’s office.  

In January 2019, the new ‘humanised’ criminal legislation entered into force. It should have 
a positive impact on reducing the risk of petty corruption and inaction by law enforcement; on 
reducing  the  number  of  persons  in  custody  through  alternative  to  incarceration  (probation) 
and  reducing  the  prison  term  for  several  categories  of  crimes,  while  turning  into 
administrative offences some minor offences previously treated as criminal; and on reducing 
the risk that prison conditions  undermine human rights  and security of citizens.  It  may  also 
bring  a  positive  effect  on  international  and  local  observers’  concerns  regarding  the 
prosecution  of  individuals  over  terrorism-related  charges  and  the  possession  of  extremist 
material. 

9 

 
 
A reform of the judiciary has been underway since 2012. The main objective of the reform 
is to develop an effective judicial system and to restore public confidence in it by ensuring the 
right to fair trial based on the rule of law and in accordance with international standards.  

Members  of  specific  minority  groups  in  Kyrgyzstan  disproportionately  suffer  harassment 
and  rights  violations  by  law  enforcement  and  prosecution.  Particularly  vulnerable  are 
LGBTQI people. Civil society organisations report3 at least 35 cases of rights violations by 
the  police  recorded  between  2016  and  2018  and  have  called  for  proper  investigation  and 
prosecution  of  these  cases,  as  well  as  changes  in  the  law  enforcement  academy  training  to 
include gender-sensitisation. 

There  have  been  a  number  of  reports  of  community  violence,  religious  based  hatred,  and 
mistreatment by the police against minority religious groups. The government has initiated 
several  awareness  raising  campaigns  and  public  dialogues  to  address  discrimination  and 
mistreatment related to religious issues and to ensure awareness of officials, law enforcement 
workers, and the public of the state policy in the area of religion  and belief.  A draft law on 
freedom of belief and religious organisations by the State Commission on Religious Affairs is 
currently under review by  the  government.  It  may  put  limitations on religious  organisations 
by forbidding door-to-door visits and potentially all proselytism. 

The  general  situation  as  regards  freedom  of  assembly  and  freedom  of  association  is 
satisfactory. The NGO sector is vibrant. The professional capacity of NGOs, including in the 
sphere of human  rights,  would need  further development  and support from  the state.  Media 
outlets operate relatively freely, but are vulnerable to economic pressure from sponsors due to 
severe lack of revenues. The negative trend of pressure on media in  the  run-up to  the 2017 
presidential elections seems to have been reverted. In the latest (2019) World Press Freedom 
Index Kyrgyzstan ranked 83 out of 180, up 15 ranks from the previous year. The publication 
of two high-quality investigative reports this  year by local media Radio  Azattyk and Kloop, 
unveiling  cases  of  corruption  involving  powerful  figures,  shows  the  increased  capacity  and 
confidence of the media in the country.  

International Covenant on Economic, Social and Cultural Rights (CESCR) 

The  LGBTQI  community  in  Kyrgyzstan  continues  to  face  discrimination,  harassment,  and 
hate  speech.  Civil  society  organisations  report  that  documented  cases  of  discrimination, 
particularly against women, remain not fully investigated; and a continuation of incidences of 
hate crimes and hate speech, unaddressed by the prosecutor’s office. There have further been 
reported  moves  by  the  National  Security  Service  to  prevent  LGBTQI  people  from  joining 
peaceful  demonistrations,  such  as  the  2018  Women’s  March.  The  draft  bill  that  would 
criminalise  ‘positive  attitude  to  unconventional  sexual  orientation’  remains  dormant  in 
Parliament, after serious concerns expressed by the EU and other international organisations.   

On  the  other  hand,  in  2017,  the  government  adopted  Guidelines  on  medical  and  social 
assistance  to  transgender,  trans-sexual,  and  gender  non-conforming  people,  including 
specialized medical and psychological assistance, a medical examination that serves as a basis 
for  changing  gender  marker  in  identity  documents,  and  assistance  in  social  re-adaptation. 
According  to  official  sources,  in  2017,  12  Kyrgyz  citizens  officially  changed  their  gender 
marker based on medical documents. However, social security numbers, which reflect gender, 
still  cannot  be  modified,  a  fact  that  hampers  transgender  people's  access  to  official  work. 
According to the Interagency Action Plan for 2019-2022, the Ministry of Labour, the Ministry 
of Health, the Ministry of Interior, the State Service for Execution of Punishments are to take 

3 ILGA Europe report 

10 

 
 
                                                 
measures  to  combat  various  forms  of  discrimination  faced  by  LGBTQI  people,  as  well  as 
women and children belonging to ethnic minorities. 

Eight  years  after  signature,  Kyrgyzstan  ratified  the  Convention  on  Rights  of  People  with 
Disabilities  (CRPD)  on  16  May  2019.  In  order  to  implement  the  CPRD,  the  Government 
established an Interdepartmental Working Group chaired by the Deputy Prime Minister. The 
working  group  has  drafted  an  implementation  plan  for  the  CRPD  for  2019-2022,  including 
actions grouped into nine key areas. The National Long-Term Programme Accessible State is 
to be adopted by the end of 2019. 

Convention  on  the  Elimination  of  All  Forms  of  Discrimination  Against 
Women (CEDAW) 

In 2018, Kyrgyzstan ranked 86 out of 149 in the World Economic Forum Global Gender Gap 
Index with a global score of 0.691 (1 max; 0 min), including 78 for  economic participation 
and opportunity, 79 for educational attainment, and 93 for political empowerment.  

In addition to the lack of economic and social independence of women and the prevalence of 
poverty,  young  women  in  rural  areas  often  face  pressure  to  marry  and  domestic  violence  is 
widespread. Forced marriage and bride kidnapping are criminalised; however, prosecution 
rates  appear  low.  The  government  reports  one  criminal  case  related  to  forced  marriage  and 
nine cases related to bride kidnapping in the first quarter of 2019. The maternal mortality rate 
in  Kyrgyzstan  is  one  of  the  highest  in  the  Commonwealth  of  Independent  States  (CIS) 
countries.  

Following  the  2017  domestic  violence  law,  the 
number  of  registered  domestic  violence  reports 
remained relatively constant from 2017 to 2018. In 
2018,  7,178  cases  of  domestic  violence  have  been 
registered, 
including  4,135  cases  of  physical 
violence  and  2,819  cases  of  psychological  abuses. 
During  this  period,  the  internal  affairs  agencies  of 
the  country  issued  7,114  protection  orders.  Recent 
figures  suggest  an  increase  in  the  use  of  criminal 
measures;  255  criminal  cases  related  to  domestic 
violence  were  already  initiated  in  the  first  quarter 
of 2019. 

Kyrgyzstan receives EU support on 
gender equality through an EIDHR 
(European Instrument for 
Democracy and Human Rights) 
project Across Generation and 
Gender Borders: Communities 
Combatting Gender-Based 
Violence in Kyrgyzstan. The 
project aims to reduce gender-based 
violence with a special focus on 
non-consensual marriage practices 
(bride kidnapping), by tackling the 
root causes of violence against 
women and girls, namely patriarchal 
attitudes, gender stereotypes and 
social norms. In addition, all EU 
funded projects mainstream gender 
issues and the objectives of the EU 
Gender Action Plan 2016-2020.  

Participation  of  women  in  public  life  is  affected 
by  traditional  and  patriarchal  attitudes.  Despite 
measures  taken  to  advance  women's  leadership  in 
Kyrgyzstan, 
female  MPs 
the  percentage  of 
decreased  to  15.8%  in  2018  against  20%  in  2015. 
Similarly,  the  percentage  of  women  in  local 
legislative  bodies  decreased  from  19%  in  2016  to 
11%  in  20184.  New  electoral  legislation  aims  to  counter  the  practice  of  dropping  female 
candidates  from  party  lists  after  elections,  which  explains  in  part  these  low  numbers,  by 
posing  that  seats  vacated  by  a  woman  must  be  filled  by  another  woman.  A  2018  draft  law 
proposing a 30% quota for women in local councils also aims at reversing this trend. 

4 Beijing +25: National level review of the Kyrgyz Republic (2019). 
https://www.undp.org/content/dam/unct/kyrgyzstan/docs/Library/Kgz_Beijing+25_Review_Eng_FINAL_with%
20layout_16082019.pdf.  

11 

 
 
                                                 
The  Kyrgyz  republic  is  party  to  the  Beijing  Platform  for  Action  and  the  Millennium 
Declaration. The legal framework on gender equality includes the Constitution, a dedicated 
Law on State Guarantees of Equal Rights and Opportunities, and the Act on Social and Legal 
Protection against Violence in the Family (2017). Under this domestic violence law, funding 
for specialised shelters has doubled over the last year.   

The  Country  Action  Plan  on  the  Implementation  of  the  CEDAW  Committee  Concluding 
Observations  from  2016  has  been  in  action  since  2017.  Kyrgyzstan  submitted  its  latest 
implementation report in March 2019. Civil Society and Non-Governmental Organisations are 
drafting  alternative  reports  to  the  UN  Human  Rights  Committee.  The  List  of  Issues  for  the 
CEDAW upcoming review was adopted at the Committees 76th Pre-Sessional Working Group 
on 15 November 2019.  

Convention  against  Torture  and  other  Cruel,  Inhuman  or  Degrading 
Treatment or Punishment (CAT) 

Despite an increasingly solid legal framework to prevent torture, implementation continues to 
be  an  issue.  Although  the  government  acknowledges  the  magnitude  of  the  problem,  torture 
and ill-treatment, as well as impunity, continue to be widely registered across Kyrgyzstan.  

Main  factors  in  the  persistence  of  torture  and  ill-treatment  are  difficulties  to  medically 
document cases of torture, and poor conditions of temporary detention facilities. Furthermore, 
the  unclear  definition  of  ‘detention’  obscures  the  obligations  of  law  enforcement  to  respect 
legal  safeguards,  including  legal  representation.  The  National  Preventative  Mechanism  also 
reports detention periods over the legal limits.  

Medical  personnel  in  temporary  or  pre-trial  detention  centres  often  does  not  belong  to  the 
Ministry of Health bur rather to the GKNB or the Ministry of Interior, which are at the centre 
of  torture  allegations.  Thus,  they  are  not  bound  by  mandatory  requirements  to  abide  by  the 
Istanbul  Convention  to  document  cases  of  torture.  There  are  plans  to  bring  such  medical 
personnel  under  the  Ministry  of  Health  and  to  train 
them extensively on how to use medical forms in line 
with the Istanbul Convention. 

The  Constitution  prohibits  death  penalty,  torture  and 
other  inhuman,  cruel  and  degrading  treatment  or 
punishment  and  guarantees  the  right  to  compensation 
from  the  State  for  harm  caused  by  illegal  actions  by 
authorities.  The  Act  on  National  Security  Agencies 
includes  respect  of  human  rights  and  freedoms,  and 
proportionality of any restrictions. Government bodies 
responsible for implementation of this are the Human 
Rights  Coordination  Council;  the  National  Centre  for 
the  Prevention  of  Torture  (National  Preventative 
Mechanism);  a  special  unit  on  human 
rights 
monitoring in the General Prosecutor’s office; as well 
as the Ombudsman. 

Authorities continue to improve the legal framework 
on  the  prevention  of  torture.  A  series  of  regulatory 
acts entered into force in 2019. As of January 2019, an 
online Unified Register of Crimes and Misdemeanours 
was  established.  The  register  allows  the  mandatory 
recording of all crimes, as defined by the new Codes, 

12 

EIDHR  projects  supported  the 
torture 
by 
of 
prevention 
the  work  of 
improving 
the 
National 
Prevention 
Torture 
Centre,  raising  awareness  at  the 
Ministry  of  Interior,  assisting  the 
medical  personnel  of  the  Ministry 
of Health in places of detention to 
use  the  Istanbul  Convention),  and 
training  prosecutors  and  judges  to 
effectively carry out investigations 
of  cases  of  torture.  Moreover, 
strengthening  the  rule  of  law  is 
one  of  the  focal  sectors  of  EU 
development 
in 
Kyrgyzstan. The EU contributes to 
the  achievement  of 
the  above 
objective through its Rule of Law 
Programmes  (€  13.5  million  for 
2014-2018  and  €  13  million  for 
the follow-up phase 2018-2022). 

cooperation 

 
 
introducing  more  transparency  in  the  work  of  the  law  enforcement  bodies.  Section  2  of  the 
National  Human  Rights  Plan  (2019-2021)  focuses  on  fight  against  torture,  notably 
improvement  of  the  detention  facilities,  including  temporary  and  pre-trial  detention  places, 
which  are  often  in  very  poor  conditions  as  documented  by  the  National  Preventive 
Mechanism  in  its  monitoring  visits.  The  Ministry  of  Interior  is  piloting  torture  prevention 
measures  in  some  police  stations  with  use  of  CCTV  (circuit-closed  television)  cameras  and 
glass rooms for interrogations of suspects. 

The Supreme Court of the Kyrgyz Republic monitors the judicial practice in  criminal  cases 
regarding  torture  and  cruel  treatment.  So  far,  very  few  perpetrators  of  torture,  inhuman, 
degrading treatment and punishment have been sentenced through courts, due to poor medical 
documentation, delays in investigation, and the habit of qualifying alleged cases of torture by 
officials  as  ‘abuse  of  power’  or  ‘negligence’.  Reportedly,  in  2018  the  National  Centre  for 
Torture  Prevention  (NCTP)  received  175  requests  for  allegations  of  use  of  torture  or 
degrading treatment in places of detention; in 2017 such requests were 124 and 132 in 2016. 
As a result, five criminal cases were initiated in 2018 and one in January 20195. 

The  National  Preventive  Mechanism  continues  to  be  under  resourced  and  not  all 
stakeholders aware of its rights to carry out unannounced monitoring visits. Visits to detention 
facilities are also conducted by the Ombudsman of the Kyrgyz Republic, in cooperation with 
the  Organisation  for  Security  and  Cooperation  in  Europe  (OSCE)  and  the  International 
Committee of the Red Cross (ICRC). 

Kyrgyzstan has received visits by the UN High Commissioner for Human Rights, the United 
Nations Subcommittee on Prevention of Torture and the UN Special Rapporteur on Torture in 
2018 and the country has accepted their recommendations for implementation.  

Convention on the Rights of the Child (CRC) 

The CRC has been incorporated into local legislation without exceptions or reservations since 
the adoption of the Children's Code of the Kyrgyz Republic in 2010 (most recently amended 
in 2017). Existing child protection mechanisms and awareness raising inititives would need to 
be  upgraded,  however,  in  particular  in  the  context  of  a  rise  in  the  number  of  officially 
registered child suicides, a high number of children (10%) who live without their biological 
parents due to labour migration, and widesperad child poverty (1 in 3 children).  

In  2018,  Kyrgyzstan  started  working  on  a  concept  for  the  new  edition  of  the  Children's 
Code,  with  the  EU's  support.  The  concept  defines  the  key  approaches,  methods,  and 
framework for the development of regulations and norms to ensure and protect the rights of 
children and support vulnerable families, with a focus on children in difficult life situations, 
the  circumstances  leading  to  these  situations,  and  concrete  measures  for  the  protection  of 
children and alternative forms of  care. The government is considering introducing measures 
specific to the problems of the children of labour migrants, such as a requirement for parents 
to leave a power of attorney to a trusted person. 

An  interministerial  action  plan  on  child  marriage  is  in  place  since  2017,  with  particular 
emphasis on the role of the Ministry of Health, the Ministry of Interior, and the Ministry of 
Education.  However,  cross-sectoral  coordination  between  social  and  law  enforcement 
agencies is insufficient and should be enhanced in order to address the issue. While underage 
marriage is criminalised, relatively few cases have been prosecuted in 2018-2019. According 
to  official  statistics,  in  2018,  three  criminal  cases  on  coercing  an  under-age  person  into 

5 2018 Annual report by NCTP to the Parliament on 17 September 2019 (http://npm.kg/ru/news/natsionalnyj-tsentr-po-preduprezhdeniyu-pytok-predstavil-ezhegodnyj-
doklad-za-2018-god/, in Russian language)  

13 

 
 
                                                 
marriage (Art. 154 of the Criminal Code) and six cases on forcing or kidnapping a woman to 
marry  (Art.  155)  were  initiated,  as  well  as  fifteen  cases  on  participating  in  a  wedding 
ceremony with a minor (Art. 155-1). However, longer-term trends seem to suggest a decrease 
in child marriage: the number of girls who got married at the age of 15-18 was 948 in 2014, 
decreasing to 408 in 2017. 

The  ratification  of  the  Convention  on  the  Rights  of  Persons  with  Disabilities  (CRPD)  of 
March  2019  opens  up  avenues  for  addressing  discrimination  against  and  segregation  of 
children  with  disabilities,  including  in  the  education  system,  and  for  improvig  the  policy 
framework and societal attitudes that hinder their development. 

Conclusions and priorities 

The authorities have been active in addressing core concerns of monitoring bodies of the UN 
human rights conventions. Relevant legislation and action plans have been created in support 
of  human  rights  and  fundamental  freedoms.  The  main  areas  of  improvement  over  the 
reporting  period  include  the  entry  into  force  of  a  new,  ‘humanised’  legal  package;  Action 
Plans  for  the  implementation  of  CERD,  and  on  Gender  and  Human  Rights;  and  the 
ratification of the Convention on the Rights of People with Disabilities.  Implementation and 
monitoring of the solid legal framework is, however, crucial.  

The compliance with the law by all, particularly law enforcement agencies and judiciary, is 
critical. Judicial reforms envisaged to this end demonstrate the authorities’ commitment and 
need to be fully implemented. At the same time, awareness raising on human rights among the 
public institutions and society in general; and mainstreaming of human rights concepts in all 
policy areas should be prioritised. 

Reform of the criminal justice system continues to be high on the government's agenda with 
recently  adopted  new  criminal  legislation.  Although  well  intended,  the  first  months  of 
implementation of the new legislation suggest a need to fine tune and ensure delivery to all 
relevant state bodies. The new legislation has a strong potential to humanise the legal code 
and  improve  transparency  of  the  law  enforcement  bodies.  However,  the  need  to  improve 
conditions  in  detention  facilities  remains.  Further  focus  is  needed  on  the  implementation  of 
the legal framework on torture prevention and the strengthening of preventive mechanisms.   

Priorities for the future should include the adoption of a standalone anti-discrimination law 
and  work  on  a  new  Child  Code;  and  tackling  implementation  challenges  in  the  areas  of 
gender and other discrimination, impunity for torture, and impartiality and independence of 
the  judiciary.  More  intense  work  is  expected  in  addressing  widespread  domestic  violence, 
child marriage, and bride kidnapping. Sexual, religious, and ethnic minorities are in need of 
further  protection.  Transitional  justice  after  the  events  of  2010  should  be  addressed. 
Meanwhile, the positive step of adopting CRPD should be followed by implementation of its 
various elements, including in support of disabled children.   

14 

 
 
ILO Labour Rights Conventions  

The  serious  setback  in  reporting  obligations,  along  with  the  problematic  quality  of  earlier 
reports,  hampered  an  accurate  assessment  of  the  application  of  the  conventions  in  law  and 
practice.  In  general,  information  on  the  implementation  in  practice  is  lacking.  In  its  latest 
comments, the ILO noted with concern that reports were due on six out of eight fundamental 
conventions.  At  the  end  of  2019,  in  a  welcome  step,  the  Government  submitted  all 
outstanding reports on ratified Conventions.   

The  newly  introduced  draft  Trade  Union  Law  would  seriously  undermine  the  level  of 
compliance  of  Kyrgyzstan’s  legal  framework  with  the  fundamental  ILO  conventions,  in 
particular  Convention  87,  98,  and  144,  and  its  obligations  as  an  ILO  member.  However,  a 
series of other recent legislative amendments have already weakened labour rights protections 
and introduced potential discrepancies with the principles of ILO fundamental Conventions. 
The new Criminal Code, in force since January 2019, has significantly reduced the scope of 
criminal liability for the most serious violations of labour law. A revised Code on Misconduct 
(2017)  and  related  Code  on  Violations  (2017),  which  replaced  the  previous  Code  on 
Administrative Responsibility (1998), have reduced the scope of the administrative sanctions 
regime for labour related offences. 

A  recent  moratorium  on  state-led  labour  inspections  has  exacerbated  existing  enforcement 
limitations rooted in the legislation and the weak capacity of the labour inspectorate and of 
the  Ministry  of  Labour  and  Social  Development  (MLSD).  In  January  2019,  the  authorities 
introduced  a  moratorium  on  routine  labour  inspections  of  private  enterprises,  which  will 
remain in force until 1 January 2021. The moratorium exempts inspections under a range of 
defined  circumstances,  but  according  to  trade  unions  affects  in  practice  all  control  and 
supervisory functions of the state labour inspectorate. The national Ombudsman’s Office has 
appealed to the government to lift the moratorium. 

The State Inspectorate for Ecological and Technical Safety (SETSI), part of the Department 
of  Labour  Protection  and  Labour  Relations  and  under  direct  authority  of  the  government, 
remains  responsible  for  supervising  the  application  of  the  labour  code  and  other  labour 
legislation.  The  government  recognises  that  the  inspectorates’  staff  is  insufficient  (27  staff 
members, 4.5 times less than recommended ILO ratio) to ensure effective inspections, notably 
on  child  labour.  Moreover,  legislation  (Law  No.  72  of  May  2007,  ‘On  the  procedure  for 
in 
conducting 
contradiction  with  Convention  81,  notably  a  ten  days’  prior  notice.  The  Government  is 
developing  the  Programme  on  Occupational  Safety  and  Health  for  2020-2023,  but  not 
committed to remove the limitations. There is no confirmation that the SETSI draft Strategy 
for  2018-2023  will  address  any  of  these  issues  either.  The  Federation  of  Trade  Unions  of 
Kyrgyzstan (FPK) is also entitled by law to conduct labour inspections. The legal framework 
governing its operations and cooperation with SETSI is, however, unclear. 

inspections  of  business  entities’)  contains 

inspections 

limitations 

to 

Freedom of Association and Collective Bargaining (Conventions 87 and 98) 

A  restrictive  draft  law  on  Trade  unions  was  initiated  by  the  Parliament  in  June  2019. 
Discussion was suspended before the summer in the face of international concern, including 
by the ILO and EU, and domestic resistance. In late September 2019, supporters of the law 
brought  it  back  to  the  Parliament.  The  draft  Law  passed  its  second  reading  on  October  3, 
2019.  Despite  some  dissenting  voices  in  Parliament,  adoption  of  the  law  looks  very  likely, 
although  the  process  stalled  thanks  to  mobilisation  from  the  trade  unions,  ILOs,  UN,  EU 
Delegation  and  others.  The  possible  impact  on  GSP+  status  was  mentioned  by  some  MPs, 
civil society activists, and trade unions representatives. .  

15 

 
 
Adoption of the law as it currently stands would contravene  ILO principles on Conventions 
87  and  98  (as  well  as  Convention  144  on  tripartite  social  dialogue)  and  Kyrgyzstan’s 
obligations under the GSP+ scheme and diminish the level of respect for human rights in the 
Kyrgyz  Republic.  Trade  unions,  with  the  support  of  international  organisations,  have 
mobilised against the draft law. The law would put the Federation of Trade Unions (FPK) at 
the  top  of  a  rigidly  hierarchical  system  drastically  limiting  the  unions'  independence  and 
ability  to  run  their  own  affairs.  It  could  even  lead  to  the  dismantling  of  those  trade  unions, 
which do not fall in line. This is seen as an attempt by the authorities to exert more control 
over the unions and their assets. The bill strengthens the powers of the Chairman of the FPK, 
a  position  currently  held  by  the  husband  of  an  MP  from  the  President's  party,  chairing  the 
Committee, which submitted the draft to plenary vote. 

Previously  identified  shortcomings  in  the  legislative  framework  remain  to  be  addressed, 
notably  restrictions on the right to strike and right to organize for civil servants. Trade 
unions continue to play a weak role in collective bargaining. The legislation does not offer 
sufficient  guarantees  in  that  respect  and  the  ILO  has  been  requesting  amendments  to  the 
Labour  Code  and  the  Act  on  Collective  Agreements  since  2014.  The  Government  does  not 
consider that there are any issues in this respect. Trade union representatives flagged further 
limitations of the workings of the tripartite commission in practice, due to frequent personnel 
changes on the government’s side. 

Abolition of Forced Labour (Conventions 29 and 105) 

Forced  labour  and  labour  exploitation  are  closely  linked  to  trafficking  in  persons.  Kyrgyz 
labour migrants (over 1.1 million people, essentially in Russia (90%) and Kazakhstan (8%), 
according  to  the  Government)  are  reportedly  at  high  risk  of  trafficking  and  related  labour 
exploitation. International and non-governmental organisations reported assisting 183 victims 
of trafficking in 2018, 171 of whom were subjected to forced labour.  

Forced labour is also reported within the  country, especially in agriculture (including forced 
child  labour),  construction,  and  textile  industries,  as  well  as  in  domestic  service  and  forced 
childcare.  Kyrgyz  children  also  are  subjected  to  forced  labour  in  the  distribution  of  drugs 
within  the  country6.  In  July  2018,  the  US  Department  of  State,  Treasury,  and  Homeland 
Security  issued  an  advisory  that  listed  countries  where  North  Korean  labourers  are  present, 
indicating heightened risk of forced labour; Kyrgyzstan was on the list. Kyrgyzstan still does 
not  fully  meet  the  minimum  standards  for  the  elimination  of  human  trafficking.  It  was 
downgraded  to  the  Tier  2  Watch  List  in  the  2018  US  Department  of  State  Trafficking  in 
Persons Report and maintained this classification in 2019. 

Efforts  continued  on  preventing  trafficking  and  protecting  victims,  as  well  as  on  ensuring 
safer  labour  migration  abroad,  without  significant  progress  so  far.  In  September  2019,  the 
government authorised the National Referral Mechanism for victims of human trafficking, as 
well  as  standard  identification  procedures  drafted  in  2017  after  extensive  consultations  and 
designated  the  State  Migration  Service  as  the  authorized  government  body  on  human 
trafficking in March 2019, replacing the Coordination Council on Migration. The 2017-2020 
programme for Combating Trafficking in Human Beings and its Action Plan needs funding to 
ensure effective implementation.  

Labour trafficking remains a crime under the Criminal  Code. Amendments in January 2019 
strengthened the provisions and penalties regarding sex trafficking. Implementation of the law 

6 2019 US State Department's Trafficking in Persons Report 

16 

 
 
                                                 
On Preventing and Combating Human Trafficking was monitored and the results were used to 
amend  it  in  January  2018  by  introducing  the  definitions  of  ‘victim  of  trafficking’  and 
‘national  referral  mechanism’.  The  number  of  cases  detected  as  serious  crime  under  the 
Criminal  Code  (four  in  2017,  one  in  2018),  however,  largely  under-represents  the  extent  of 
human trafficking. Systemic corruption continues to undermine investigation and prosecution. 

The government cooperated with international organizations and 38 local NGOs on a media 
action  plan  to  raise  awareness  on  trafficking  in  persons,  particularly  among  youth;  the 
campaign reached an estimated 10,000 people.  

The government has taken measures to reduce the vulnerability of Kyrgyz migrants to forced 
labour. Information and services to potential labour migrants were maintained. Employment 
centers  in  Bishkek  and  Osh  inform  job  seekers  of  licensed  foreign  labour  recruitment 
agencies,  and  offer  pre-departure  orientation  including  trafficking  prevention.  Two  publicly 
available databases of private employment agencies allow detecting those agencies subject to 
complaints. An NGO-run hotline provides legal advice and assistance on working abroad. In 
2018, five trafficking victims were identified thanks to the hotline. A government supported 
mobile phone application provides Kyrgyz migrants  with  information  on their rights  and on 
anti-trafficking  hotlines.  Nevertheless,  weak  oversight  of  recruitment  within  Kyrgyzstan  is 
reported  to  aggravate  the  risks  of  trafficking  and  forced  labour  abroad  (e.g.  by  leaving  a 
majority  of  Kyrgyz  labour  migrants  without  the  required  documentation  to  comply  with 
migration rules in their country of destination). 

Gaps identified by the ILO in the compliance of national legislation with the core conventions 
remain  to  be  addressed.  The  Constitution  prohibits  forced  labour,  except  in  cases  of  war, 
natural  disasters,  and  other  emergencies.  The  ILO  repeatedly  requested  information  on 
guarantees  that  in  such  situations  calling  up  compulsory  labour  is  strictly  limited.  The 
definition of forced labour allows mandatory alternative (civilian) services during compulsory 
military service, which is not in line with  ILO Convention 29. As for ILO Convention  105, 
concerns  remain  on  the  application  of  prison  sentences  entailing  compulsory  labour  on 
persons for expressing political views, as well as penal sanctions applicable to officials in case 
of 'negligence'. 

The  Kyrgyz  Government  made  progress  towards  ratification  of  the  Protocol  of  2014 to  the 
ILO Convention No 29 on Forced Labour. In September 2019, the Parliament Committee on 
Social  Affairs  approved  the  draft  Law  on  Ratification  of  the  ILO  Protocol  of  2014  for  first 
reading. Further improvement of the legal framework on forced labour is needed to advance 
compliance with the international labour standards, including implementation of the Protocol, 
once ratified.    

Minimum Age for Work and Worst Forms of Child Labour (Conventions 138 
and 182) 

The government acknowledges that child labour persists especially in agriculture (notably in 
tobacco,  rice  and  cotton  fields),  street  markets,  the  service  sector,  and  construction  sites. 
According to the authorities, more than a third of pupils in primary and secondary education 
combine  study  with  hazardous  labour.  Working  children  are  found  mostly  in  family 
businesses, a widespread practice in  agriculture.  Kyrgyzstan features on the US  Department 
of Labour's 2018 List of Goods Produced by Child Labour (for cotton and tobacco).   

With  regard  to  the  two  conventions  on  child  labour,  the  Government  has  adopted  several 
measures,  which  constitute  progress  in  the  policy  framework.  The  line  ministries  and 

17 

 
 
 
 
Federation  of  Trade  Unions  have  signed  the  Interagency  Actions  Plan  to  Eliminate  and 
Prevent the Worst Forms of Child Labour for 2016-2018, with drafts of Government Action 
Plans  for  2020-2024  currently  being  formalised.  The  Government  has  substantially  revised 
the List of hazardous types of works prohibited for children under 18. A draft Government 
Resolution to approve the revised list is under discussion at the time of reporting.  

The findings of the Multi-Cluster Indicator Survey (MICS) – 20187 have shown slow progress 
with reducing the total number of child labourers nationwide, although there has been notable 
progress    in  the  reduction    of  children  involved  into  hazardous  work  (15.2%  in  2014 
versus  11.7%  in  2018),  and  girls  in  particular  (11.8%  and  6.8%  accordingly).  Trends, 
however, vary across the regions. There has been a marked decline of child labour incidences, 
including  hazardous  work,  in  regions  targeted  by  international  programmes  and  projects, 
namely in Osh region, Osh Municipality, Chui region, and Jalal-Adbad region.  

In  terms  of  legislative  changes,  work  on  an  improved  definition  of  ‘light  work’  and  of  the 
worst  forms  of  child  labour  has  not  been  completed  yet.  There  is  no  information  on  the 
outcomes of the 2016-2018 Interdepartmental Plan to prevent the worst forms of child labour. 
Institutional arrangements were made to prepare a 2019-2022 Action Plan. Ensuring adequate 
funding to such programmes remains a challenge. 

The  State  Labour  Inspectorate  continued  its  efforts  to  raise  awareness  of  child  labour 
legislation in particular in rural areas, where employers of children are often family members. 
Regular checks on the wellbeing of children as part of the monitoring of the UN Convention 
on  the  Rights  of  the  Child  under  the  Special  Prosecutor  General,  with  specific  attention  to 
women at risk, as well as cooperation between the social services and the authorities at local 
level,  help  detect  children  at  risk  and  prevent  child  labour.  However,  restrictions  to  labour 
inspections in the legislation, as well as the limited capacity of the State Labour Inspectorate 
continue to impede an effective control of how child labour legislation is applied.  

According  to  the  government,  in  the  first  half  of  2018,  during  supervision  of  the 
implementation  of  the  legislation  on  the  labour  of  minors,  236  violations  were  identified 
(illegal  involvement  of  minors  in  work,  involvement  in  night  work  or  during  school  time, 
non-respect  of  working  conditions  etc.),  for  which  44  persons  were  brought  to  disciplinary 
responsibility. During the same period, 163 working children and 6 children involved in the 
worst forms of child labour were identified. In the first quarter of 2019, 76 working children 
and  3  children  engaged  in  the  worst  forms  of  child  labour  were  identified.  All  children 
benefitted from Individual Child Protection Plans (ICPF) that include removal from work and 
the provision of social services at rehabilitation centres.   

Equal  Remuneration  and  Elimination  of  Discrimination  (Conventions  100 
and 111) 

The country's ranking on the Global Gender Gap Index remains stable with few changes in its 
performance  (86th  out  of  149  in  2018).  Women’s  labour  market  participation  has  not 
recovered  from  its  sharp  decline  in  the  early  1990s’  and  stands  at  a  low  40-45%.  Women 
remain segregated in lower paid sectors and more junior positions and particularly exposed to 
unpaid  work,  especially  in  agriculture,  which  is  still  a  major  source  of  employment  in 
Kyrgyzstan.  

7 https://www.unicef.org/kyrgyzstan/reports/multiple-indicator-cluster-survey-mics-situation-children-and-
women-kyrgyzstan 

18 

 
 
                                                 
Principles of equal remuneration are embedded in national legislation, but the need remains 
for legislation to  better reflect  the principle of  equal  pay for  equal  work  and define indirect 
gender-based  discrimination  through  all  stages  of  the  employment  process.  Legislation  on 
non-discrimination  contains  weak  enforcement  mechanisms  and  therefore  is  rarely  used  in 
practice. There was no progress on the review of discriminatory legal provisions to women’s 
access  to  employment,  such  as  a  list  of  400  occupations  from  which  women  are  banned, 
announced  in  2008.  Concerns  regarding  the  application  of  equal  remuneration  principles  in 
practice  remain,  notably  concerning  payments  in  kind  and  additional  payments.  Action  is 
needed  to  promote  women’s  access  to  male  dominated  sectors  and  better  value  female 
dominated occupations. Enhancing women’s economic participation is one of the priorities 
of the 2018-2020 Action Plan for Achieving Gender Equality approved in 2018.  

A  monitoring  exercise  conducted  in  2016-2017  by  the  Ombudsman’s  Office8  found  that 
Kyrgyz women are disproportionately affected by a range of  labour law violations, such as 
the  absence  of  written  employment  contracts;  compulsory  work  at  weekends  or  on  public 
holidays,  and  unpaid  overtime;  and  non-compliance  with  OSH  requirements.  The 
Government  is  still  expected  to  respond  to  the  Ombudsman’s  recommendations.  Workplace 
sexual  harassment  is  reportedly  widespread,  particularly  in  the  private  sector.  However, 
offences are rarely reported or prosecuted.  

Ethnic  Uzbeks,  who  make  up  approximately  15%  of  Kyrgyzstan’s  population,  face 
discrimination  in  relation  to  employment9  in  particular  during  hiring.  For  example,  ethnic 
Uzbeks  who  were  dismissed  from  their  jobs  following  interethnic  violence  in  2010  have 
difficulty in accessing employment. 

Conclusions and priorities 

Kyrgyzstan  has  to  increase  engagement  on  the  key  issues  related  to  the  reporting  on  and 
implementation  of  the fundamental ILO Conventions. At the 2019 ILC, reports were due on 
six of the eight conventions. While all reports were submitted at the end of 2019, Kyrgyzstan 
needs to sustain adequate reporting in the future.  

Enforcement  remains  a  key  concern.  Legislation  restricting  labour  inspections  remains 
unchanged  and  a  recent  moratorium  on  state-led  labour  inspections  is  a  worrying  signal.  
The  government  recognises  that  the  State  Labour  Inspectorate  lacks  capacity,  notably 
inspectors’ staff, but there is no certainty that this is being addressed under  the draft 2018-
2023 Strategy for the Inspectorate. 

A draft revised law on trade unions initiated by members of the parliament has not taken in 
consideration  the  ILO  observations  and  recommendations.  If  passed,  the  law  would 
substantively be in contradiction to ILO conventions on freedom of association and collective 
bargaining. 

Recognising the persistence of child labour, the government has adopted several measures to 
improve the policy framework, including revising the list of hazardous work for those under 
18  years  old.  However,  the  work  on  an  improved  definition  of  light  work  needs  to  be 

8 KRA, 2017 
9 Equal Rights Trust, 2018 

19 

 
 
                                                 
concluded. A specific effort is needed to control family undertakings. The government needs 
to ensure adequate funding to Action Plans.  

The 2018-2020 Action Plan on Gender Equality is in place, focusing on enhancing women’s 
economic  participation.  However,  shortcomings  identified  by  the  ILO  in  the  legislation 
remain to be addressed. A longstanding announced review of discriminatory legal provisions 
to  women’s  access  to  employment  has  to  take  place.  The  government  has  yet  to  respond  to 
more recent  Ombudsman‘s recommendations to  improve the application  of  women’s labour 
rights. Discrimination and sexual harassment continue in practice.  

Steps taken to address Kyrgyz migrants’ exposure to labour exploitation abroad are welcome 
and  should  continue,  in  order  to  reduce  the  risk  of  human  trafficking  and  forced  labour  in 
destination  countries.  More  efforts  are  needed  on  the  prevention  and  prosecution  of 
trafficking  and  on  the  oversight  of  recruitment  of  potential  labour  migrants.  Like  in  other 
areas, funding is insufficient for an effective implementation of existing Action Plans against 
trafficking.  The  legislation  still  allows  for  compulsory  labour  in  contradiction  with  the  ILO 
conventions. 

UN Conventions on Environmental Protection and Climate Change  

The  Kyrgyz  Republic  has  demonstrated  great  interest  in  measures  tackling  environmental 
protection and climate change, considering itself a country highly affected by the detrimental 
consequences of climate change and ecological damages.  

Convention on International Trade in Endangered Species of Wild Flora and 
Fauna (CITES) 

Although  CITES  legislation  is  enacted  and  the  Kyrgyz  Republic  adopted  a  number  of 
regulatory  legislative  acts  for  its  implementation  in  the  2000s  and  2010s,  Kyrgyzstan’s 
national  legislation  is  currently  ranked  as  Category  2,  meaning  that  it  does  not  meet  all 
requirements for the implementation of CITES.  

Following  an  EU-funded  workshop  on  the  strengthening  of  national  frameworks  for  the 
effective  implementation  of  CITES  in  Central  Asia  in  May  2018,  Kyrgyz  authorities  are 
revising their national legislation to bring it in line with CITES and qualify for Category 110. 
The CITES Secretariat noted progress from Kyrgyzstan’s side in their October 2018 report.  

Basel Convention 

The national body responsible for the implementation of the Convention is the State Agency 
on Environment Protection and Forestry. Since ratification in1999, the Kyrgyz Republic has 
progressively  adopted  comprehensive  legislation  responding  to  its  commitments  under  the 
Basel  Convention,  the  latest  of  which,  the  Resolution  on the  Approval  of  Lists  of  Exported 
and Imported Specific Goods Subject to Licensing Organizations, Experts and Licensors, was 
developed in 2015. No further significant progress has been made over the reporting period.  

10 https://cites.org/sites/default/files/projects/NLP/E-SC70-25.pdf 

20 

 
 
 
                                                 
Convention on Biological Diversity (CBD) 

Kyrgyzstan faces loss of biodiversity at ecosystem level; significant number of species in the 
country  are  endangered.  The  main  pressures  on  biodiversity  include  overgrazing  of  natural 
grasslands,  poaching  and  overfishing;  the  increasing  size  of  mining  industry  threatens 
mountain ecosystems.  

The  Kyrgyz  Republic  has  adopted  documents  and  measures  for  the  implementation  of  its 
CBD commitments: a revised National Biodiversity Strategy and Action Plan in 2016, as well 
as  an  Action  Plan  for  Priorities  in  Conservation  of  Biological  Diversity  in  the  Kyrgyz 
Republic for 2014-2020. A draft resolution of the government on Approving the Priorities of 
Biodiversity Conservation  up to 2030 and related Action Plan for the Implementation of the 
Priorities  of  Biodiversity  Conversation  for  2019-2023  are  up  for  public  discussion  and  are 
being  considered  by  relevant  ministries  and  agencies.  The  State  Agency  for  Environmental 
Protection and Forestry (SAEPF) established an interdepartmental working group responsible 
for coordination and implementation of the Convention. 

Stockholm Convention on Persistent Organic Pollutants 

Although  persistent  organic  pollutants  (POPs)  are  not  currently  in  use  in  Kyrgyzstan,  the 
country  faces  challenges  in  the  disposal  of  older  waste  products,  with  obsolete  pesticides 
(OPs)  being  a  particular  issue  along  with  improper  storage  a  potential  source  of 
unintentional POP emission. POP-storage is not centralised but instead largely privatized, and 
an  imperfect  regulatory  framework  fails  to  ensure  the  compliance  of  private  actors  with 
storage  standards.  Appropriate  disposal  facilities  do  not  exist  within  the  borders  of  the 
Kyrgyz Republic. Meanwhile, export to the EU for processing is prevented by the prohibitive 
cost  of  air  transport  and  neighbours  Kazakhstan  and  Russia's  ban  on  the  transit  of  POPs 
through  their  territory.  The  SAEPF  is  not  competent  to  appoint  a  responsible  body  for  the 
management  of  hazardous  chemical  waste.  Kyrgyz  authorities  plan  to  develop  proposals  to 
analyse  the  regulatory  and  institutional  framework  on  chemical  safety  and  elaborate 
recommendations in order to improve the management of chemical waste in the country. 

National infrastructure includes the Coordinating Committee to Promote Sound Management 
of Chemicals, established in 2012, the public health service, which has a monitoring function; 
and  49  disease  prevention  and  sanitary  inspection  centres,  14  of  which  are  ISO/IEC  17025 
accredited.  

Authorities have invested in the monitoring and control of POPs, in particular acquiring new 
equipment  and  training  relevant  staff  to  detect  polychlorinated  biphenyls  (PCBs)  in  food, 
water  and  transformer  oils.  Kyrgyzstan  has  received  funding  and  cooperated  extensively  to 
this  end  through  the  Global  Environment  Facility 
(GEF)  in  joint  projects  with  UNDP,  UNEP  and 
FAO.  Still,  better  equipped  laboratories  with 
experienced  personnel  and  additional  funding  for 
the  analysis  of  samples  are  necessary  to  ensure 
proper monitoring. Soil remediation initiatives are 
also  needed.  Overall,  financial  and  technical 
to  adequately 
capacities 
address 
by  POPs. 
Additionally, lack of available funding means that 
no  research  is  being  carried  out  on  the  health 
impacts of substances containing POPs. A strategy 
for  medical  waste  management,  including  POPs, 

The Critical Ecosystem Partnership 
Fund (CEPF) provides small grants 
for civil society conservation action 
in biodiversity hotspots and offers 
opportunities for improvement in the 
Kyrgyz Republic. The provision of 
grants is guided by priorities identi-
fied through a process and document 
known as an ecosystem profile. CEPF 
funded the preparation of the first 
ecosystem profile for the mountains 
of Central Asia hotspot and expects to 
provide grants in the region and in 
Kyrgyzstan in the future. 

insufficient 

problems 

remain 

posed 

the 

21 

 
 
has  been  in  the  works  for  the  past  couple  years  within  the  framework  of  a  GEF-UNDP 
project. The document has yet to be finalized and adopted, and further efforts are thus needed 
in this area. 

Authorities are engaged in public awareness raising efforts, distributing relevant information 
to mass media and on the official websites of SAEPF and the Centre of State Regulation of 
Environmental Protection and Safety, as well as organising seminars and meetings.  

Cartagena Protocol on Biosafety 

 The Kyrgyz Republic is a party to the Cartagena Protocol since 2005. However, it still does 
not  count  amongst  the  signatories  of  the  2010  Nagoya-Kuala  Lumpur  Supplementary 
Protocol. Several ministries and national institutions are involved in the implementation of the 
Protocol  and  other  related  work,  under  the  authority  of  SAEPF.  Genetically  modified 
organisms  are  monitored  in  food  products,  with  responsibility  for  the  task  falling  to  two 
laboratories of the Department for Disease Prevention and State Sanitary and Epidemiological 
Surveillance of the Ministry of Health.  

The Kyrgyz Republic has been developing the relevant legal framework since 2005 and the 
adoption  of  the  Law  on  the  Protection  of  the  Health  of  Citizens  in  the  Kyrgyz  Republic.  A 
comprehensive Law on Biosafety was drafted, but has yet to be adopted. 

Conventions on Climate Change 

Since its ratification of the Montreal Protocol in  2000, the Kyrgyz Republic has made good 
progress, in cooperation with international partners, in fulfilling requirements and addressing 
violations; it does not currently exhibit any major shortcomings.  

While  the  Kyrgyz  Republic  has  no  quantitative  obligations  on  greenhouse  gas  according  to 
the Kyoto Protocol, the government acknowledges the necessity to undertake efforts in this 
regard  and  has  set  ambitions  aims  to  reduce  greenhouse  gas  emissions,  and  developed 
national plans and strategies to this effect11.   

the  development,  management,  and  coordination  of 
The  overall  responsibility  for 
environmental and climate change policies lies with SAEPF, which serves as the focal point 
for  the  United  Nations  Framework  Convention  on  Climate  Change  (UNFCCC)  and  as  the 
National  Designated  Authority  (NDA)  for  the  Green  Climate  Fund  (GCF).  To  respond 
specifically to challenges of climate change, the government established the Climate Change 
Coordination Commission (CCCC) in 2012 to coordinate activities related to climate change.  

Kyrgyzstan is one of only 11 member countries to inform the Ozone Secretariat that they do 
not wish to receive products or equipment containing or relying on hydrocholofluorocarbons 
since  2016.  The  Kyrgyz  Parliament  ratified  the  Paris  Agreement,  following  a  public 
discussion  in  March  2019.  The  law  on  the  ratification  is  now  awaiting  signature  by  the 
President to enter into force. The Kyrgyz government is yet to ratify the Kigali amendment, 
adopted in 2016.  

Additionally,  a  National  Strategy  for  Sustainable  Development  (NSSD)  2018-2040  was 
elaborated  and  calls  for  the  development  of  climate  change  adaptation  strategies  to  reduce 
vulnerability and improve resilience. Coincidentally, the Government has submitted a request 
for  Green  Climate  Fund  (GCF)  Readiness  and  Preparatory  Support  for  the  initiation  of  its 
NAP with the objective to establish a national adaptation planning process.  

11 For details, please refer to the biennial report for 2016-2017, SWD(2018) 32 final of 19.1.2018 

22 

 
 
                                                 
Conclusions and priorities 

The  Kyrgyz  Government  continues  to  demonstrate  commitment  to  the  UN  conventions  on 
environmental protection and climate change. Environment  protection is  clearly targeted in 
the National Development Strategy of Kyrgyzstan for 2018-2040 as an important priority with 
measures  to  be  taken  to  prevent  the  melting  of  glaciers,  ensure  the  conservation  of  rare 
animal, and the growth of plants and forests.   

The  Government  is  considering  a  list  of  priorities  and  action  plan  on  biodiversity  and  is 
aware  of  the  necessary  next  steps  for  the  future:  tightening  the  environmental  legislation, 
intensifying efforts against illegal poaching and wildlife trade, and reducing greenhouse gas 
emissions.  

Regarding the Stockholm Convention, the Kyrgyz Republic faces a difficult situation for  the 
disposal of POPs as it lacks the funds and technical equipment required. Still, progress has 
been  made  in  cooperation  with  international  partners.  Further  efforts  are  needed,  for 
example regarding the adoption of a strategy on medical waste.  

UN Conventions on Good Governance  

International Drug Control Conventions 

is  difficult,  especially  as 

The  Kyrgyz  Republic  is  a  transit  country 
used by international drug traffickers on the 
'Northern  Route',  with  no 
so-called 
evidence  of  manufacturing  on  the  territory 
of  the  country.  Physical  control  of  the 
transits 
the 
preferred routes often go through mountain 
trails. The volume of drug trafficking from 
Afghanistan,  which  still  accounts  for  the 
largest  area  globally  under  illicit  opium 
poppy  cultivation  in  2018,    has  risen  in 
recent  years  and  as  a  result,  consumption 
figures in Kyrgyzstan have increased. Some 
residents  are  involved  in  criminal  acts 
associated  with  drug  trafficking.  The  trend 
of  decreasing  numbers  of  registered  drug 
users  in  2016-2017  reversed  somewhat  in 
2018 with a 0.9% increase. Conversely, the 
number of registered drug crimes decreased 
by  over  9%  in  2018  compared  to  2017, 
while  the  number  of  seizures  of  narcotic 
substances increased by 11.5%.   

Bilateral and multilateral cooperation on 
international drug control 

Kyrgyzstan  is  part  of  EU  regional  projects  of 
the  Central  Asia  Drug  Action  Programme 
(CADAP). The current phase (2015–2019) of 
the  programme  includes  sharing  best  practice 
on  developing  national  antidrug  strategies, 
action  plans,  and 
legislation,  and  data 
collection; and support for the implementation 
of drug prevention and treatment programmes.  

crime 

trafficking 

Kyrgyzstan also benefits from the EU against 
Organised  Crime  (EU  ACT)  programme, 
launched  in  2017,  focusing  on  combatting 
organised 
from 
and 
Afghanistan.  The  next  phase  of  the  EU’s 
programme Border Management in Central 
Asia  (BOMCA)  includes  Afghanistan.  This 
programme  has  also  helped 
the  Kyrgyz 
exporters to better reap the benefits of GSP+. 
Further  projects  on  border  management  are 
conducted  in  cooperation  with  the  UN  Office 
on Drugs and Crime (UNODC). 

The  National  Coordinating  Committee  on 
the Control of Narcotic Drugs, Psychotropic 
Substances  and  Precursors  has  been  active 
since 2017. Activities on drug control are under the Ministry of Interior since 2016.  

23 

 
 
In  2018,  the  Kyrgyz  Republic  became  a  member  of  the  Commission  on  Narcotic  Drugs 
(CND). In this regard, the Kyrgyz Republic jointly with CADAP and EU ACT presented the 
latest achievements in the various areas of drug control at the latest sessions of the CND in 
March 2019. 

UN Convention against Corruption (UNCAC) 

fighting 

assists 
in 

The authorities acknowledge the problem of corruption and fighting corruption stands high on 
the  agenda  of  the  government.  The  recently  adopted  National  Development  Strategy  2019-
2040  emphasises  fight  against  corruption  as  a  crosscutting  priority  of  the  State.  Over  the 
recent years, the President, Parliament, and Government office have adopted numerous legal 
acts  and  haven  taken  measures  to  enhance  both  prevention  and  prosecution  of  corruption 
crimes. Kyrgyzstan has established a  multi-layered 
anti-corruption  framework  at  the  policy  and 
institutional  level.  There  is  an  Anti-Corruption 
Service in the State Committee of National Security. 
In  terms  of  coordination  of  prevention  and  fight 
against corruption, the Security Council leads ad hoc 
working  groups  with  the  participation  of  Prime 
Minister's  office,  General  Prosecutor's  Office,  State 
Personnel office, and civil society representatives. A 
plan  to  combat  corruption  in  the  judicial  system  of 
the Kyrgyz Republic for 2018-2020 was approved in 
2018.  The  plan  includes  quarterly  updates  on  the 
implementation  of  anti-corruption  measures  in  the 
judicial system. 

the  Kyrgyz 
The  EU 
authorities 
against 
corruption through its Rule of Law 
Programme. The EU has supported 
the 
the  anti-
corruption  legislation,  contributing 
to the recent adoption of the law on 
conflict  of  interests  and  protection 
of whistle blowers. The Programme 
the 
contributed 
to  establishing 
online 
register  of  crimes  and 
misdemeanours  at  the  prosecutors' 
offices  and  e-justice  at  three  pilot 
courts.  It  also  helped  in  training  of 
prosecutors, lawyers, and judges on 
ethics and need to fight corruption.  

The  regulatory  environment  and  institutions  for 
public  procurement,  which  are  highly  prone  to 
corrupt  practices,  have  recently  improved.  Public 
the  Government 
procurement 
administration  have  been  public  since  2014,  and  a  broad  use  of  purchases  through  the 
electronic portal significantly minimises corruption risks. Investigations related to corruption 
are overseen by the General Prosecutor’s office and conducted by the Financial Police and the 
Anticorruption Service since 2016.  

improvement  of 

plans  within 

Rule of law 

The latest legislative basis includes a law on asset declaration on conflict of interest, and on 
the  protection  of  whistle  blowers  signed  by  the  President  in  January  2019.  All  executive 
agencies have an appointed key person on the fight against corruption. 

In  2017,  Kyrgyzstan  was  the  first  Central  Asian  state  to  join  the  Open  Government 
Partnership (OGP). This opens up an avenue for engaging with public institutions and civil 
society  to  promote  better  access  to  Information.  A  2-year  national  action  plan  (NAP)  was 
adopted  in  October  2018.  The  NAP  was  developed  jointly  by  the  Government  and  civil 
society  and 
the  government’s 
accountability and combat corruption.  

includes  18  ambitious  commitments 

to  strengthen 

The  Government  has  made  efforts  to  engage  with  the  public  and  create  a  system  of  anti-
corruption  education  for  the  population,  in  particular  through  the  concept  for  Enhancing 
the Legal Culture of the Population for 2016-2020. However, the lack of systematic approach 
and dedicated funding limits the success of such measures12.  

12 https://www.oecd.org/corruption/acn/OECD-ACN-Kyrgyzstan-4th-Round-Monitoring-Report-2018-ENG.pdf 

24 

 
 
                                                 
Despite  these  measures,  corruption  remains  a  serious  challenge.  The  level  of  perceived 
corruption by society and business remains high – 95% of respondents to a nationwide poll 
think  corruption  is  a  ‘very  big’  or  ‘big’  problem,  and  a  majority  see  the  need  for  reform13. 
Institutional measures have limited impact  on the level  of corruption, and  there is  a  lack  of 
legal and social accountability for corruption at all levels of society, as well as weak social 
stigmatisation associated with the paying or taking of bribes. Corruption is widespread among 
the judiciary, the public sector in general, and in business environments. The independence 
of the judiciary from political bodies is not ensured, especially in procedures for appointment 
and  dismissal.  Kyrgyzstan  ranked  132  in  the  2018  Transparency  International  Corruption 
Perceptions  Index,  with  a  score  of  29,  thus  making  a  gradual  albeit  limited  progress  from 
2012 when the score was 2414.  

At  institutional  level,  the  competencies  to  fight  corruption  are  fragmented.  There  is  still  no 
single  body  responsible  for  anti-corruption  policy  coordination,  implementation,  and 
monitoring. Challenges relating to implementation, including of the new laws on conflict of 
interest  and  whistle  blowers  will  remain.  The  latest  UNCAC  implementation  review  from 
2017  points  to  some  deficiencies,  which  were  only  partially  addressed  in  the  new  revised 
Criminal Code (2019)15. 

In  relation  to  the  fight  against  money laundering and terrorist financing, some important 
weaknesses remain to be addressed. These concern notably the preventative measures relating 
to  Politically Exposed Persons, as well as the effectiveness  of Kyrgyzstan’s regime on anti-
money  laundering  and  terrorist  financing.  The  revelation  by  investigative  journalists  in 
November 2019 of a wide-spread smuggling, corruption and money-laundering scheme will 
be a test for the authorities. According to the report, thanks to an organised system of bribery 
in  the  state  customs  service  at  least  USD  647  million  were  funnelled  out  of  the  country 
(representing  approximately  8%  of  the  Kyrgyz  GDP).  An  investigation  was  launched  to 
respond to discontent from the population and Parliament on the case. 

Conclusions and monitoring priorities 

The authorities are active in the fight against drugs. A solid national system for fighting drugs  
has  been  established  and  the  government  works  closely  with  a  number  of  international 
partners,  including  the  EU,  on  national  and  regional  projects.  The  main  challenges  are 
related to the transit of drugs coming from Afghanistan. To this end, ensuring proper control 
of the goods passing through the border is essential.  

Over  the  last  years,  authorities  have  worked  intensely  to  develop  and  implement  anti-
corruption policies, especially in preparing national and departmental anti-corruption plans. 
Fighting  corruption  is  also enshrined in  the National  Development  Strategy 2019-2040 and 
high on the agenda of the country's leadership. Kyrgyzstan's membership in the OGP, as well 
as the national digitalisation agenda, aim to bring more transparency and accountability of 
the State. During  the reporting  period,  Kyrgyzstan enacted new laws on conflict of interest, 
declaration of public assets, and protection of whistle blowers. 

13 https://www.iri.org/sites/default/files/february_2019_kyrgyzstan_poll.pdf 
14 0 stands for highly corrupt and 100 very clean. 
15https://www.unodc.org/documents/treaties/UNCAC/WorkingGroups/ImplementationReviewGroup/ExecutiveS
ummaries/V1702230e.pdf 

25 

 
 
                                                 
However, the organisational  system for  fighting corruption  remains largely fragmented and 
ineffective in the absence of a single coordinating anticorruption body; further work needs to 
be  done  to  improve  the  legal  framework.  It  is  also  necessary  to  reinforce  the  regime  for 
fighting  money  laundering  and  countering  terrorist  financing,  which  show  important 
deficiencies. A significant general challenge is the lack of legal and social accountability for 
corruption at all levels of society. 

26 

 
 
ANNEX 

Kyrgyzstan – Treaty Ratification and Reporting  

Convention 

Status of ratification / 
reservations16 

Compliance with reporting obligations to monitoring bodies 

1. Convention on the 
Prevention and Punishment 
of the Crime of Genocide 

2. International Convention 
on the Elimination of All 
Forms of Racial 
Discrimination 

Accession: 05.09.1997 

No reporting obligations 

No reservations 

Accession: 05.09.1997 

Compliant with reporting obligations 

No reservations 

Last report submitted on 16.01.2016. 

Latest concluding observations published on 30.05.2018.  

Next report due on 05.10.2022.  

3. International Covenant on 
Civil and Political Rights 

Accession: 07.10.1994 

Lack of compliance with reporting obligations 

No reservations 

Last report submitted on 03.04.2012.  

Last concluding observations from 22.04.2014. 

Last follow-up state party report submitted on 31.10.2016. 

Latest national report was due on 28.03.2018. 

4. International Covenant on 
Economic, Social and 
Cultural Rights 

Accession: 07.10.1994 

Compliant with reporting obligations 

No reservations 

Last report submitted on 03.04.2012. 

5. Convention on the 
Elimination of All Forms of 
Discrimination against 
Women 

6. Convention against 
Torture and other Cruel, 
Inhuman or Degrading 
Treatment or Punishment 

Latest monitoring report submitted on 06.07.2015. 

Next national report due on 30.06.2020. 

Accession: 10.02.1997 

Compliant with reporting obligations 

No reservations 

Last report submitted on 18.03.2019. 

Last concluding observations from 10.03.2015. 

Latest follow-up state party report submitted on 17.01.2018. 

Accession: 05.09.1997 

Compliant with reporting obligations 

No reservations 

Last report submitted on 31.01.2019. 

Last concluding observations from 19.12.2013. 

Latest follow-up state party report was due on 22.11.2014. 

7. Convention on the Rights 
of the Child 

Accession: 07.10.1994 

Compliant with reporting obligations 

No reservations 

Last report submitted on 16.08.2010. 

8. Convention concerning 
Forced or Compulsory 
Labour, No. 29 

Last concluding observations from 06.07.2014. 

Next report due by 06.11.2019. 

Ratification: 1992 

Compliant with reporting obligations 

Latest CEARC comments: Direct Request 2018. 

Last report (out of cycle) received in 2019. 

Next Regular Report due in 2021.  

16 Reservations do not apply in the ILO system, so no relevance to providing information on reservations 

27 

 
 
 
                                                 
9. Convention concerning 
Freedom of Association and 
Protection of the Right to 
Organise, No. 87 

10. Convention concerning 
the Application of the 
Principles of the Right to 
Organise and to Bargain 
Collectively, No. 98 

11. Convention concerning 
Equal Remuneration of Men 
and Women Workers for 
Work of Equal Value, No. 
100 

12. Convention concerning 
the Abolition of Forced 
Labour, No. 105 

13. Convention concerning 
Discrimination in Respect of 
Employment and 
Occupation, No. 111 

14. Convention concerning 
Minimum Age for 
Admission to Employment, 
No. 138 

15. Convention concerning 
Minimum Age for 
Admission to Employment, 
No. 182 

Ratification: 1992 

Compliant with reporting obligations 

Latest CEACR comments: Direct Request 2018.  

Last report (out of cycle) received in 2019. 

Next regular report due in 2020. 

Ratification: 1992 

Compliant with reporting obligations 

Latest CEACR comments: Direct Request 2018.  

Last report (out of cycle) received in 2019. 

Next regular report due in 2020. 

Ratification: 1992 

Compliant with reporting obligations 

Latest CEACR comments: Direct Request 2018. 

Last report (out of cycle) received in 2019. 

Next regular report due in 2022. 

Ratification: 1999 

Compliant with reporting obligations 

Latest CEACR comments: Direct Request 2018. 

Last report (out of cycle) received in 2019. 

Next regular report due in 2021. 

Ratification: 1992 

Compliant with reporting obligations 

Latest CEACR comments: Direct Request 2018. 

Last report (out of cycle) received in 2019. 

Next regular report due in 2022. 

Ratification: 1992 

Compliant with reporting obligations 

Latest CEACR comments: Direct Request, Observation 2018. 

Last report (out of cycle) received in 2019. 

Next regular report due in 2021. 

Ratification: 2004 

Compliant with reporting obligations 

Latest CEACR comments: Direct Request, Observation 2018. 

Last report (out of cycle) received in 2019. 

Next regular report due in 2021. 

16. CITES 

Accession: 04.06.2007 

Lack of compliance with reporting obligations  

No reservations 

Latest Annual Report (2017) submitted on 01.04.2019. 

Next (2018) Annual Report due 31.10.2019 

Annual Report for 2015 was due 31.10.2016. 

Latest Biennial Report (2015-2017) submitted on 02.11.2018.  

All other Biennial Reports since 2007 are due.17 

All Annual Illegal Trade report for 2017 due.18  

17 Reporting mandatory, but not subject to compliance procedure. 
18 As above. 

28 

 
 
 
 
 
 
 
 
 
                                                 
17. Montreal Protocol 

Accession: 31.05.2000 

Compliant with reporting obligations 

No reservations 

Most recent annual data for 2016 was submitted. 

No more recent reporting data is available. 

18. Basel Convention 

Accession: 13.08.1996  

Lack of compliance with reporting obligation 

No reservations 

Latest (2017) National Report submitted on 05.01.2019. 

National reports for 2015 submitted on 05.01.2019. 

National report for 2014 submitted on 16.06.2018. 

Next (2018) Annual National Report due in 2019.   

National Reports for 2002, 2005, 2006, 2007, 2008 are due. 

19. Convention on 
Biological Diversity 

Accession: 04.11.1996 

Compliant with reporting obligations 

No reservations 

Latest (Sixth) Report submitted on 19.03.2019.  

Revised National Biodiversity Strategy and Action Plan 
submitted on 18.01.2016. 

20. UN Framework 
Convention on Climate 
Change 

21. Cartagena Protocol on 
Biosafety 

Accession: 29.07.1994 

Lack of compliance with reporting obligations 

No reservations 

Last (Third) National Communication submitted on 24.01.2017. 

Biennial Update Reports for 2014, 2016, and 2018 are due.   

Accession: 03.01.2006 

Compliant with reporting obligations 

No reservations 

Last (Third) National Report submitted on 09.12.2015. 

Next (Fourth) National report due on 01.09.2019. 

First National Report not submitted. 

22. Stockholm Convention 

Ratification: 04.10.2006 

Lack of compliance with reporting obligations 

No reservations 

Latest (Fourth) National report submitted 01.11.2018.  

Third National Report submitted 18.01.2018. 

First and Second National reports due.  

National Implementation Plan submitted on 02.04.2009.  

23. Kyoto Protocol 

Accession: 16.02.2005 

No reporting obligations  

24. UN Single Convention 
on Narcotic Drugs 

25. UN Convention on 
Psychotropic Substances 

26. UN Convention against 
Illicit Traffic in Narcotic 
Drugs and Psychotropic 
Substances 

No reservations 

Accession: 07.10.1994 

No reservations 

Reviewing is fulfilled by the International Narcotics Control 
Board (INCB). 

Accession: 07.10.1994 

See report of the INCB for 2018.  

No reservations 

Accession: 07.10.1994 

No reservations 

27. UN Convention against 
Corruption 

Ratification: 16.09.2005 

No reservations  

Reviewing is fulfilled by the UN Office on Drugs and Crime 
(UNODC).  

Latest UNODC review executive summary was published on 
11.04.2017. 

29