JOINT STAFF WORKING DOCUMENT The EU Special Incentive Arrangement for Sustainable Development and Good Governance (GSP+) assessment of the Kyrgyz Republic covering the period 2020-2022 Accompanying the document Joint Report to the European Parliament and the Council on the Generalised Scheme of Preferences covering the period 2020-2022
Date: 2023-11-21
Institutions: Directorate-General for Trade and Economic Security, European Commission
Subjects: EU market, Kyrgyzstan, common commercial policy, development aid, generalised preferences, governance, human rights, international convention, sustainable development, tariff preference

EN 

  EN 

   EUROPEAN COMMISSION HIGH REPRESENTATIVE OF THE UNION FOR FOREIGN AFFAIRS AND SECURITY POLICY Brussels, 21.11.2023  SWD(2023) 368 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 2020-2022 Accompanying the document Joint Report to the European Parliament and the Council  on the Generalised Scheme of Preferences covering the period 2020-2022 {JOIN(2023) 34 final} - {SWD(2023) 359 final} - {SWD(2023) 360 final} - {SWD(2023) 361 final} - {SWD(2023) 362 final} - {SWD(2023) 363 final} - {SWD(2023) 364 final} - {SWD(2023) 365 final} - {SWD(2023) 366 final} - {SWD(2023) 367 final}  
 
 
KYRGYZ REPUBLIC  

1.  SUMMARY ASSESSMENT  

The Kyrgyz Republic (Kyrgyzstan) has benefitted from GSP+ since 2016. In this time, the 
country has gone through several periods of change. Nonetheless, it has maintained steady 
engagement in GSP+ monitoring. There is untapped potential to maximise the economic 
benefits of the scheme. The 2020-2022 reporting period was also marked by the effect of 
the COVID-19 pandemic, significant political flux, and a worrying trend of pressure on 
civic freedoms and human rights and rule of law, amid large-scale legislative changes. 

1.1.  Priorities and Monitoring 

The  most  recent  GSP+  monitoring  mission  to  Kyrgyzstan  took  place  in  September 
2022 (1), back-to-back with the annual Human Rights Dialogue (2). The visit was timely, 
given  the  on-going  large-scale  national  inventory  of  legislation  and  the  recent  trend  of 
increased pressure on the freedom of expression and assembly. Wide-ranging discussions 
with civil society, social partners, and the authorities gave the impression of considerable 
flux,  both  institutionally  and  in  terms  of  revisions  of  the  legislation.  The  mission 
highlighted five key areas of concern: shrinking space for and pressure on civil society and 
independent media, threats to freedom of expression (3), torture prevention and deaths in 
places  of  detention,  gender-based  violence  and  violence  against  children  and 
discrimination of minorities, and concerns over persistent corruption. At the same time, it 
recognised positive efforts in the drug control regime and an ambitious commitment, with 
international  support,  to  global  climate  action  and  to  phasing  out  Ozone  Depleting 
Substances. 

1.2.  Human Rights 

Kyrgyzstan  has  made  some  progress  through  the  adoption  and  amendment  of  several 
legislative,  policy,  and  administrative  measures.  The  situation  regarding  economic  and 
social rights and action against torture remained stable, with no significant developments. 
Efforts to implement the Convention on the Rights of the Child were underway with new 
legislation being prepared in 2019, although currently facing obstacles. In September 2022, 
the Cabinet of Ministers approved the National Strategy to Achieve Gender Equality by 
2030 and the corresponding National Plan for 2022-2024 – a positive development. 

However, the situation remains challenging notably as regards shrinking space for civil 
society  to  operate  freely  and  increasing  pressure  on  freedom  of  expression.  There  are 
increased  concerns  regarding  civil  and  political  rights  in  Kyrgyzstan,  due  to  new, 
restrictive political developments that took place since October 2020. Several legislative 
measures  such  as  the  repealed  Criminal  Code  and  the  2021  Laws  on  NGOs  and  False 
Information, as well as the 2023 Parliament-adopted Law on Protection of children from 
harmful  information  threaten  to  reverse  previous  positive  developments.  In  2023,  the 

(1)  https://www.eeas.europa.eu/delegations/kyrgyz-republic/eu-highlighted-successes-and-challenges-

five-key-areas-during-gsp_en 
All links provided in this Staff Working Document were up to date as of 20 October 2023.   
(2)  https://www.eeas.europa.eu/eeas/kyrgyz-republic-12th-eu-kyrgyz-republic-human-rights-dialogue-

takes-place_en?s=301  

(3)  The  European  Parliament  has  also  highlighted  their  concerns  on  the  crackdown  on  the  media  and 

freedom of expression in Kyrgyzstan in a resolution of 13 July 2023.  

Page | 1 

 
 
 
Parliament  applied  a  controversial  procedure,  which  led  to  early  removal  of  the 
Ombudsperson. Freedom of press has also seen a negative trend, illustrated notably by the 
country’s dramatic drop in the freedom of press index, from 72nd place in 2022 to 122nd in 
2023.  

1.3.  Labour Rights 

Since  2019,  several  attempts  have  been  made  by  Members  of  Parliament  to  introduce 
changes  in  the  trade  union  legislation,  which  would  drastically  limit  trade  union 
independence. Following advocacy by the international community, the President vetoed 
the  draft  law  for  a  third  time  in  December  2021.  These  efforts  have  contributed  to 
Kyrgyzstan  avoiding  deterioration  in  the  implementation  of  its  related  international 
obligations.  Tripartite  consultations  have  since  been  held  with  the  expertise  of  the 
International  Labour  Organization  (ILO)  on  amendments  to  the  Law  on  Trade  Unions, 
which are due to be submitted to Parliament. 

The on-going national legislative inventory includes around 10 pieces of labour legislation, 
with the aim to bring them in line with international labour standards. The revision of these 
laws includes active tripartite social dialogue. In November 2022, the Parliament approved 
changes and amendments to  the Labour Code and to  the law on Collective Bargaining, 
developed in consultation with ILO, aiming to address gaps on freedom of association and 
collective  bargaining.  Both  are  pending  signature  by  the  President.  A  negative 
development in 2023 was the introduction of a temporary ban to all checks on businesses, 
which also concerns planned labour inspections. 

1.4.  Environment and Climate  

Kyrgyzstan  is  relatively  ambitious  in  its  climate  action,  with  international  support,  but 
lagging  behind  on  its  reporting  obligations  regarding  some  of  the  Multilateral 
Environmental Agreements. Recent changes in the Government particularly in this sector 
are among the main reasons for delays in the country’s reporting. 

In  recent  years,  Kyrgyzstan  has  made  some  progress  in  developing  its  climate  and 
environment policy. In 2021, for the first time the Government established a government 
body officially responsible for climate policy  - the new  Ministry of  Natural  Resources, 
Ecology, and Technical Supervision. In October 2021, the country submitted its updated 
Nationally Determined Contribution (NDC), which has significantly strengthened targets. 
The updated NDC  contains  both  mitigation and adaptation  parts with  indicated priority 
sectors and policy measures. Effective implementation of climate policy actions, as well 
as the Convention on International Trade in Endangered Species of Wild Flora and Fauna 
(CITES) and the Basel Convention, will remain a challenge for the recently established 
Ministry.  

1.5.  Good Governance 

The Government that came in power in early 2021 put significant efforts to improve the 
governance  framework  to  enhance  post-COVID  recovery  and  to  better  support  the 
development goals of the country. Key legislation was revised also in connection with the 
new Constitution, and several administrative structures were abolished or merged. A new 
Anti-Corruption Strategy was developed in 2022 and is pending the President’s signature, 
while the Financial Intelligence Unit launched a comprehensive programme of Technical 
Assistance in  order to  address  gaps in  the  anti-money laundering and counter terrorism 
financing  (AML/CFT)  framework.  Despite  these  efforts,  the  perception  of  corruption 
continues to be widespread in society and implementation will be key to address the issue 

Page | 2 

 
on the ground. The drug control regime in Kyrgyzstan is satisfactory and there is growing 
recognition of a balanced approach to demand- and supply-side measures. 

1.6. 

Status of Ratification and Reporting 

Kyrgyzstan  has  maintained  ratification  of  all  GSP+  relevant  conventions  and  is  fully 
compliant  with  the  reporting  obligations  of  human  rights,  labour  rights,  and  good 
governance conventions. ILO informed that for the first time in many years Kyrgyzstan 
has submitted in time their reports on implementation of the relevant labour conventions. 
These  efforts  should  continue  in  a  consistent  manner.  There  are  outstanding  national 
reports  related  to  environmental  conventions  on  biodiversity  (CITES),  biosafety 
(Cartagena Protocol), and waste management (Basel Convention), hence here the country 
is considered partly compliant.  

2.  LONG-TERM VIEW: KYRGYZSTAN SINCE JOINING GSP+ IN 2016  

Kyrgyzstan  entered  the  GSP+  arrangement  on  26  January  2016 (4),  following  a  formal 
application for GSP+ status in May 2015 and a positive assessment by the Commission 
with  respect  to  the  country’s  compliance  with  the  GSP+  eligibility  conditions  as 
established in the GSP Regulation. The country met the vulnerability economic criteria, 
had ratified all relevant conventions, and had not formulated any reservations. There was 
also no evidence of a serious failure to implement the conventions; elements of progress 
were  noted  in  the  implementation  of  most  conventions.  At  the  same  time,  salient 
shortcomings  were  present,  particularly  related  to  the  Conventions against Torture and 
Other Cruel, Inhuman or Degrading Treatment (CAT) or Punishment and the Rights of the 
Child (CRC). 

While  in  terms  of  trade  benefits  Kyrgyzstan  has  remained  among  the  smaller  GSP+ 
beneficiaries, GSP+ has been an important pillar of engagement between Kyrgyzstan and 
the  EU.  GSP+  benefits  and  obligations  are  complementary  with  the  updated  Enhanced 
Partnership and Cooperation Agreement, currently pending signature. Since joining GSP+, 
Kyrgyzstan  has  gone  through  three  monitoring  cycles  and  welcomed  four  GSP+ 
monitoring missions on the ground.  

There has been continuous GSP+ monitoring and engagement on the initial shortcomings 
and  others  further  identified  by  UN  monitoring  bodies.  Kyrgyzstan  has  achieved  some 
progress such as legal advancements in the criminalisation of torture, domestic violence, 
and children’s rights. Legislative and administrative measures have been taken to prevent 
and  eradicate  torture,  including  amendments  of  the  Criminal  Code  in  2019.  Efforts  to 
eradicate torture are sincere, and there is no reported systematic use of torture. At the same 
time, adjudication of torture allegations remains very low.  

Over the period 2014 to 2022, Kyrgyzstan also made progress towards the elimination of 
forced labour by ratifying the 2014 Protocol to ILO Convention No. 29 and adopting the 
new Penal Code, which improved in certain aspects alignment of the domestic legislation 
with ILO Conventions No. 29 and No. 105 as indicated by the ILO Committee of Experts 
on  the  Application  of  Conventions  (CEACR).  Other  related  legislative  advancements 

(4)   Commission  Delegated  Regulation  (EU)  2016/79  of  25  November  2015  amending  Annex  III  to 
Regulation  (EU)  No  978/2012  of  the  European  Parliament  and of  the  Council  applying  a  scheme  of 
generalised tariff preferences, OJ L 17/1, 26.1.2016. 

Page | 3 

 
 
included the Criminal Executive Code and a Decree setting out rules for the operation of 
correctional institutions. Kyrgyzstan has made progress in addressing child labour, e.g. by 
adopting a new Criminal Code and a list of hazardous types of work prohibited for persons 
under 18 years of age. Kyrgyzstan has made good progress in the implementation of the 
climate  change  conventions  and  the  Montreal  Protocol.  The  country  has  a  solid  drug 
control  regime.  Tackling  corruption  has  been  among  the  priorities  of  consecutive 
governments, though effective enforcement remains limited. 

In  the  years  since  joining  GSP+,  Kyrgyzstan  faced  significant  political  instability  and 
political and institutional changes – several tumultuous protests and changes of power took 
place in 2017, 2020, and 2021. At the same time, elections have largely been peaceful and 
free.  Overall,  Kyrgyzstan’s  authorities  have  maintained  good  engagement  with  the  EU, 
and have made efforts to implement their international obligations. Authorities maintain a 
constructive and open engagement and standing invitation to UN special procedures and 
mechanisms. There is also a generally open dialogue with the EU on individual human 
rights cases of concern allowing for regular follow-up and court monitoring. Governance 
capacity constraints, political instability, and the recent constitutional changes impact the 
timely  adoption  and  implementation  of  well-developed  and  consulted  legislation, 
strategies, and action plans.  

In terms of trade benefits, the combined share of most favoured nation (MFN) duty-free 
and GSP preferential exports for Kyrgyzstan is very high - around 97% in 2019 to 2022. 
However, because the vast majority of Kyrgyzstan’s exports to the EU is duty-free under 
the EU’s MFN tariffs, its share of exports to the EU that are eligible for GSP preferences 
is low and has been decreasing, from 20% in 2015 to 6-8% since 2019 (8.5% in 2022). 
Preference utilisation rates have been around 60% since 2014, according to EU trade data. 
The value of GSP preferential  imports has thus  been  low,  at  around  €7-8  million  since 
2017, but with a drop to €3 million during the pandemic period. Fruit and vegetables are 
the largest product section benefitting from GSP+ preferences (export value of around €6 
million in 2022) and have been consistently exported to the EU.  

Kyrgyzstan’s  economy  has  different  types  of  vulnerabilities,  owing  to  its  land-locked 
nature,  heavy  dependence  on  remittances  -  predominantly  from  Russia,  around  30%  of 
GDP - and on gold production - about 10% of GDP and 35% of exports (5). These factors 
also affect the trade potential with the EU and the utilisation of GSP+ benefits. 

The value of Kyrgyzstan’s  exports to  the EU has fluctuated but  remained  low over the 
years (€74 million in 2021), with the EU accounting for less than 10% of Kyrgyzstan’s 
total exports. Kyrgyzstan’s top exports to the EU in 2020 and 2021 were precious minerals 
(mostly silver and platinum scrap metal), accounting for 72% of the total (€56 million in 
2021) and vegetables (primarily beans), about €8 million in 2021. Due to the small size of 
overall exports, the product composition has changed widely over the years: accordingly, 
mineral  fuels  and  wood  products  were  the  most  important  exports  in  2022;  previous 
champions such as inorganic chemicals and copper have disappeared from the export mix.  

(5)   https://data.worldbank.org/indicator/BX.TRF.PWKR.DT.GD.ZS?locations=KG;  World  Bank  staff 

estimates based on IMF balance of payments data, and World Bank and OECD GDP estimates. 

Page | 4 

 
 
3.  RECENT DEVELOPMENTS  

In the period 2020-2022, Kyrgyzstan’s Government faced challenges due to difficulties to 
organise  work  during  the  COVID-19-related  lockdown,  linked  to  the  high  number  of 
infected officials. The October 2020 political upheaval brought significant changes in the 
structures of the Government, which blocked or impeded the work of the administration. 
The parliamentary elections of 28 November 2021 have completed the transition process, 
which  started  with  the  cancellation  of  the  4  October  2020  vote,  followed  by  early 
presidential elections in January 2021 and adoption of a new Constitution in April 2021. 
The powers of Parliament were severely weakened and the new Constitution broke existing 
checks and balances and transferred power from the parliament to the President.  

As regards the GSP+ obligations, the above-mentioned processes had influence mainly on 
the  human  rights  related  international  obligations  of  Kyrgyzstan,  with  those  related  to 
political rights being particularly affected. Local civil society and the international partners 
are  nevertheless  adapting  to  the  new  conditions.  Due  to  the  focus  of  power  on  the 
Presidential institution, it became the main addressee of different complaints and advocacy 
work related to the 27 conventions. In some cases (the Trade Union draft law) this proved 
to be efficient and resulted in the country keeping with its international obligations. 

The COVID-19 pandemic and related lockdown in 2020-2021 also had an impact on the 
implementation of the human rights conventions, as well as on related reporting. Now that 
restrictive measures have been lifted the authorities should redouble efforts to respect the 
country’s  international  obligations  and  work  more  actively  on  the  protection  of  human 
rights, labour rights, the environment and climate, and good governance.  

With  respect  to  the  international  environment,  2021  and  2022  were  also  difficult.  The 
Taliban takeover in Afghanistan in August 2021 and Russia’s unjustified and unprovoked 
war  of  aggression  on  Ukraine  launched  in  February  2022  have  had  repercussions  on 
Kyrgyzstan and the rest of Central Asia. Escalation in border clashes with Tajikistan in 
2021 and 2022  were also notable.  The  heaviest  and longest so far on 14-17 September 
2022, when more than 100 people were killed (reportedly 63 Kyrgyz and some 41 Tajik, 
although precise reliable information is not available). For the first time both sides used 
heavy military equipment. The two countries share 976 km of borders – some 664 km have 
been properly delineated. Both Presidents Japarov and Rahmon vowed to settle the border 
conflict through a “constructive approach” and “diplomacy” and negotiations are ongoing. 
The  conflict  is  linked  to  the  disagreement  between  the  countries  about  the  border 
demarcation following the collapse of the Soviet Union, fierce competition over the limited 
water and agricultural resources in the Fergana Valley, and illegal trafficking of drugs and 
other items.  

Page | 5 

 
EU–Kyrgyzstan Development Cooperation 

In the framework of the multiannual programme 2021-2027, the EU aims to continue developing 
a strong political partnership with Kyrgyzstan in line with its strategic priorities for external 
action:  
• 

support to digital transformation, including more transparent, accountable, and rule-
based institutions, promoting and protecting human rights;  
enhancement of human development and gender equality, including through quality 
and inclusive education;  
support to green and sustainable economy, including through promotion of green 
skills, green growth and strengthening trade and investment. 

• 

• 

Support  notably  under  the  second  priority  addresses  decent  work  and  thus  complements  the 
GSP+. Additional support directly addressing GSP+ matters is provided under a Cooperation 
Facility as well as under the TAIEX instrument and under the regional envelope, such as the 
Ready4Trade Central Asia, the CADAP and BOMCA, and EU4Climate and EU4Environment 
projects.  

The Kyrgyz economy showed resilience to the first economic shocks of the Russia’s war 
of  aggression  against  Ukraine  and  befitted  from  unanticipated  migration  of  capital  and 
labour from Russia (although net inflow of remittances declined by 21% in 2022 and by 
25% during the first four months of 2023). In 2022, economic activity accelerated to 7% 
from  3.6%  in  2021.  Public  revenue  collection  increased  but  it  was  outweighed  by  the 
increase in public expenditures due to the significant increase in public wages, pensions, 
and public investment partly related to the needs of the Batken region. Hence, the fiscal 
deficit has widened to 1.1% of GDP in 2022 from 0.8% of GDP in 2021. Inflation was the 
most visible effect from the war against Ukraine. At the end of 2022, it amounted to 14.7%, 
reducing disposable incomes. Public debt was at the level of 53% of GDP in mid-2023. 
Future economic outlook includes heightened uncertainty.  

4.  EU–KYRGYZSTAN TRADE AND GSP+ 

Negotiations  of  the  new  Enhanced  Partnership  and  Cooperation  Agreement  (EPCA), 
which regulates bilateral trade relations between the EU and Kyrgyzstan were concluded 
in  2019.  The  EPCA,  once  signed,  will  replace  the  current  Partnership  and  Cooperation 
Agreement (PCA) in force since 1999. 

Figures 1-4 below describe Kyrgyzstan’s recent utilisation of GSP+ in the context of the 
EU’s overall imports from Kyrgyzstan (6). 

In 2022, the EU was Kyrgyzstan’s 111th trading partner, with two-way trade amounting to 
€1.3 billion, of which €1.2 billion were EU exports and only €147 million EU imports from 
Kyrgyzstan. The majority of Kyrgyz exports to the EU (minerals and precious metals) do 
not use GSP+ preferences but rather benefit from already zero MFN duties (Figure 2). 

(6)  Source for all statistics: Eurostat data as of September 2023. 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. Trade flows registered as “confidential” do not appear in the 
GSP+  usage  figures  and  regime  1  normal  trade;  but  do  appear  in  total  trade  figures  (regime  4). 
https://ec.europa.eu/eurostat/cache/metadata/en/ext_go_agg_esms.htm#conf1537195068659  

Page | 6 

 
 
 
The Ready4Trade Central Asia regional project (2020-2024) aims to promote Central Asia 
trade - intra-regional and international - through enhanced business environment, empowered 
business, and enabled cross-border e-commerce. In Kyrgyzstan, the project, among others, aims 
to support the country in making better use of GSP+ preferences. Its key components focus on: 

•  Resolving non-tariff barriers on selected intra and extra regional trade flows 
•  Building SME’s capacity to comply with cross-border requirements 
•  Enabling cross-border e-commerce 
•  Enhancing women’s participation in international trade 

While total  trade and GSP+ use was  increasing  in  the previous reporting period (2016-
2018), during 2019-2022, Kyrgyzstan maintained steady but relatively low utilisation rates 
hovering between 61% and 66%. GSP+ imports from Kyrgyzstan declined between 2019 
and 2021, in line with a decline in total imports likely reflecting the effects of COVID-19, 
but more than doubled in 2022, to €7.7 million (Figure 1). The top products benefitting 
from GSP+ were dried fruits and nuts at €6.0 million import value in 2022, followed by 
stone, ceramics, and glass; footwear; and edible preparations (Figure 3). Vegetables, fruit, 
and nuts were also the products that gathered the most savings in tariffs thanks to GSP+: 
around €294,000 (Figure 4). There is potential to increase these savings by maximising the 
utilisation  rates,  including  for  S-02b  (vegetables,  fruit,  and  nuts),  which  in  2022  was 
81.5%. 

Figure 1: EU imports from Kyrgyzstan and GSP+ utilisation rate, 2019-2022 

Total imports, € million 

GSP+ eligible, € million 

GSP+ used, € million 

Share GSP+ in total, % 

GSP+ utilisation rate, % 

2019 

104.7 

7.4 

4.5 

7.1 

61.0 

2020 

75.3 

5.4 

3.5 

7.1 

65.9 

2021 

73.8 

4.8 

3.1 

6.5 

64.4 

2022 

Trend % 

40.2 

68.9 

69.7 

146.9 

12.5 

7.7 

8.5 

61.3 

Figure 2: EU imports from Kyrgyzstan by trade regime (€ million) and utilisation rates (%), 2019-2022 

160,0

140,0

120,0

100,0

80,0

60,0

40,0

20,0

0,0

2,9
4,5

97,3

4,9
7,7

1,8
3,5

1,7
3,1

134,3

69,9

69,0

100

80

60

40

20

2021

2020

2019
GSP+ eligible not used
GSP+ preferential imports (€ million)
Other (MFN)

2022

97,1

97,5

97,2

96,2

61,0

65,9

64,4

61,3

7,1

7,1

6,5

8,5

2019

2020

2021

2022

Share GSP+ in total
Utilisation rate (%)
Share duty-free in total

Page | 7 

 
 
 
  
  
 
 
 
 
Figure 3: Top Kyrgyz product groups benefitting 
from GSP+ tariff preferences, 2022, € million 

Figure 4: GSP+ tariff reduction gains per product 
group, 2022, € ‘000 

90,5 95,8 100,0

81,5

74,2

3
,
7

0
,
6

6
,
0

4
,
0

4
,
0

4
,
0

4
,
0

4
,
0

2
,
0

2
,
0

120,0

100,0

80,0

60,0

40,0

20,0

6
,
3

8,4
3
,
0

8,0
7,0
6,0
5,0
4,0
3,0
2,0
1,0
0,0

Apparel & 
clothing
22

Others
20

Edible 
preparations
42

Footwear 
55

Vegetables, 
fruit & nuts 
294

Eligible

Used

Utilisation rate (%)

5.  COMPLIANCE WITH GSP+ OBLIGATIONS 

5.1.  UN Human Rights Conventions (Conventions 1-7) 

There are delays in adopting the National Human Rights Action Plan for 2022-2024, which 
the UN Human Rights Committee has noted with concern in their 2022 periodic report, 
along  with  a  lack  of  meaningful  and  open  consultations  with  relevant  stakeholders, 
including civil society. The Parliament continued in 2021 and 2022 to pass contentious 
legislative  initiatives  that  would  contradict  the  country's  international  commitments.  In 
2023, the Parliament applied a controversial procedure, which led to early removal of the 
Ombudsperson. This move neutralised and replaced the previous Ombudsperson, regarded 
as independent and efficient, with another one, reportedly more closely aligned with the 
authorities. At the same time, a draft constitutional Law “On the Ombudsman” is being 
developed in 2023.  

In the latest (2020) Universal Periodic Review (7), Kyrgyzstan supported 193 out of 232 
recommendations (83% of the recommendations received). This was an increase of 29% 
of supported recommendations in comparison with the previous cycle carried out in 2015. 
Kyrgyzstan was elected a member of the UN Human Rights Council for 2023-2025 on 11 
October 2022 for the third time (previously in 2009-2012 and 2016-2018). 

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

(CERD) 

Despite  legislative improvements  in  recent  years, discrimination  against various groups 
persists.  National  minorities  continue  to  face  employment  discrimination  and  lack  of 
political representation. The state language policy risks further marginalising minorities in 
state and public bodies: officials must now be fluent in Kyrgyz, and the working language 
has been changed from Russian to Kyrgyz. At the same time, the Government agreed to 
open  several  new  schools  for  ethnic  minority  pupils  –  Uzbek,  Russian,  Azeri.  The 
Presidential Administration prevented the eviction of the only Jewish school in the country, 
initiated by the Bishkek City Council. 

(7)   https://www.ohchr.org/en/hr-bodies/upr/kg-index  

Page | 8 

 
 
 
 
A number of issues identified by the Committee on the Elimination of all forms of racial 
discrimination (CERD) in its 2018 report (8) regarding ethnic discrimination remained of 
concern in 2020 and 2021. The government submitted a report under CERD on 15 May 
2023. Ethnic minorities remained underrepresented in decision making positions, police 
forces,  and  the  judiciary.  Persistent  allegations  of  mistreatment  and  torture  of  Uzbek 
minorities  (over 14% of the total  population (9))  continued. Reportedly,  the majority of 
torture  cases  in  2020  affected  ethnic  Uzbeks.  In  2020  and  2021  discrimination  and 
harassment  of  ethnic  Uzbeks  was  common,  and  tensions  remained  problematic, 
particularly in the south of the country. Ethnic Uzbeks faced discriminatory practices in 
employment, forced evictions, and land expropriation from minorities. 

The constitution guarantees freedom of conscience and religion and bans religious groups 
from undertaking actions inciting religious hatred. Gaps in the legislation mentioned in the 
2018  CERD  report  continued  to  be  relevant.  While  the  new  Constitution  prohibits 
discrimination on any grounds, no comprehensive anti-discrimination legal framework has 
been adopted so far. A draft law “On Ensuring the Right to Equality and Protection from 
Discrimination” is in discussion in the Kyrgyz Parliament since 2022, although concerns 
remain on whether it covers all grounds for discrimination. 

EU  support  for  the  fight  against  discrimination  of  women  from  ethnic  minorities  and 
ensuring their equal access to public services 

Through the European Instrument for Democracy and Human Rights (EIDHR), the EU funded 
a two-year project (2019 to 2021) to improve access of women from ethnic minorities to public 
services, implemented by the Max Planck Foundation and the Eurasia Foundation of Central 
Asia.  

The specific objective of the project was “to improve the legal framework for the provisions of 
public  services  among  ethnic  minority  women;  to  strengthen  civil  society  engagement  in 
monitoring of observance of human rights standards in receiving public services, providing free 
legal aid, and reporting on discrimination cases; and to raise awareness on equal entitlement to 
public services and disseminate best practices.”  

Project activities included the analysis and improvement advice of the regulatory framework for 
the provisions of public services. Trainings were carried out for representatives of civil society 
organisations working with ethnic minority women, and support was provided to improve civil 
organisations’ capacities for providing free legal aid to ethnic minority women and to strengthen 
civil  and  community-based  monitoring  through  regular  collection  of  statistical  data  on 
discrimination practices and cases related to human rights violations. 

5.1.2.  International Covenant on Civil and Political Rights (ICCPR) 

The latest periodic report of the Human Rights Committee was issued in  late 2022 (10). 
The  Human  Rights  Committee  noted  several  positive  legislative  aspects,  including  the 
2022 law on amendments to the Law on State-Guaranteed Legal Aid. The situation with 
regards to civil and political rights has, however, worsened in the last two years under the 
new Government. There is increased pressure on freedoms of expression and assembly, 
both in legislation and in practice, as also noted by the Human Rights Committee in their 
2022 report. 

Since  2020,  there  have  been  a  number  of  alarming  initiatives  which  do  not  seem 
compatible with international human rights obligations. These include, also as noted with 

(8)  UN (2018) Concluding observations, CERD/C/KGZ/CO/8-10. 
(9)  National Statistical Committee of the Kyrgyz Republic, 2021. 
(10)  UN(2022), Concluding observations CCPR/C/KGZ/CO/3. 

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concern by the  Human  Rights Committee in  2022, the repeal and hasty replacement in 
2021 of the criminal and criminal procedure legislation adopted in 2019, adoption in 2021 
of  the  controversial  laws  “On  Non-Commercial/  Non-Governmental  Organisations 
(NCOs)” and “On the Protection against False (Unreliable) Information”, the 2022 draft 
laws to amend the 2021 NCO law (11), the draft laws on Mass Media (most recent revised 
version  put  for  public  discussion  in  May  2023),  and  on  the  reintroduction  of  the  death 
penalty for child sex offences, as well as a draft amendment on wiretapping by national 
security  agencies,  and  others.  A  reintroduction  of  the  death  penalty  would  be  a  serious 
challenge to the implementation of the ICCPR. In 2023 there was a strong push to adopt 
the  above-mentioned  legislation,  faced  with  concern  from  civil  society  and  the 
international  community.  Despite  this,  a  revised  NGO  law  introducing  the  concept  of 
“foreign representative”  was  initiated by Parliament  in  May 2023 and  approved  at  first 
reading  in  October  2023.  At  the  same  time,  the  draft  law  on  NGOs,  initiated  by  the 
government, is currently in working group discussion. Additionally, the Parliament hastily 
adopted  amendments  to  the  Constitutional  Law,  allowing  the  president  to  request  the 
review of Constitutional Court decisions considered against “moral values and the social 
conscience of the people”. President Japarov signed the amendments on 3 October 2023. 

The 2021 NCO law envisions onerous financial reporting requirements for NCOs that are 
incompatible with  their rights  to  freely associate and express.  The controversial  law on 
false information  authorises the  Government  to  block access  to  content without  a court 
order on the basis of a complaint. It is applied regularly with numerous websites, and their 
content is temporarily or permanently blocked. New Penal and Administrative Codes were 
adopted  in  2021,  with  limited  analysis  of  the  Codes’  compliance  with  the  international 
human rights obligations and constitutional human rights guarantees replacing the 2019 
legal framework and reversing many of its successes. Although the Criminal Code was 
amended  in  2019,  the  amendments  did  not  address  the  broad  and  vague  definition  of 
“extremism,” which is not in line with international human rights standards and remains 
in current legislation as raised by the Human Rights Committee in their 2022 report. 

Journalists,  civil  society  activists,  and  human  rights  defenders  and  others,  particularly 
those critical of the Government, continue to face pressure and intimidation for expressing 
their opinions, including threats of violence and harassment and targeted prosecutions over 
the  period  under  review,  as  also  noted  by  the  Human  Rights  Committee  in  2022.  The 
detentions of over 25 people, marred by procedural violations and harsh measures against 
those critical of the 2022 border demarcation agreement with Uzbekistan (12) is a worrying 
development. Restrictions on peaceful assembly on protests against the Russian invasion 
of Ukraine are also concerning, as also noted by the Human Rights Committee in 2022.  

The use of the Law on False Information by Prosecutors to hinder and restrict access to 
critical or investigative journalism remains a concern, with chilling effects on independent 
journalism. Azattyk (RFE-RL) website was blocked based on an initiative of the Ministry 
of Culture over the broadcaster’s refusal to remove a video on clashes along a disputed 
segment of the Kyrgyz-Tajik border, a decision since annulled by the Bishkek Court on 
the grounds that the video was no longer accessible online. In August 2023, the Prosecution 
took legal action on the basis of the same law, to shut down Klopp media, an independent 
investigative media outlet, over the allegedly negative nature of its reporting and criticism 
of  the  government.  Journalists  have  been  subject  to  legal  action  for  critical  reporting, 

(11)  Human rights activists addressed the Constitutional Court in protest following the introduction of this 

draft in November 2022.  

(12)  In late November 2022, the leaders of Uzbekistan and Kyrgyzstan signed laws on the ratification of an 
agreement between the two countries on certain sections of the state border and an agreement on the 
joint  management  of  the  Kempir-Abad  water  reservoir,  while  the  reservoir  was  transferred  to 
Uzbekistan. 

Page | 10 

 
 
including expulsion from the country and social media posts allegedly containing calls for 
riots and disobedience to public authority. This decline was reflected in the dramatic drop 
in  Kyrgyzstan’s  ranking  in  the  World  Press  Freedom  Index.  In  early  May  2023,  the 
international  organization  Reporters  without  Borders  published  its  annual  ranking  of 
countries  in  terms  of  media  freedom.  The  list  includes  180  countries  with  Kyrgyzstan 
ranked 122nd. In 2022, Kyrgyzstan was ranked 72nd, hence dropping by 50 positions over 
the course of a year. 

While efforts have been made to strengthen the judiciary, the Human Rights Committee in 
2022 pointed out that it still lacks full independence from the executive power and  that 
corruption is widespread. Aksakals (elders) courts continue to function; their decisions are 
based on cultural and moral norms rather than on legal ground, which negatively affects 
primarily women’s and children’s rights, as noted by the Human Rights Committee. 

Discrimination against women, LGBTIQ persons, and ethnic minorities remains common, 
a concern flagged by the Human Rights Committee in 2022. LGBTIQ persons were not 
legally excluded from political participation, but discrimination and violence against them 
did  not  allow  them  to  enjoy  their  political  and  civil  rights.  The  law  on  “Protection  of 
children  from  harmful  to  their  health  information”  has  entered  into  force  in  2023  and 
contains  a  provision  discriminating  against  LGBTIQ  persons.  The  Human  Rights 
Committee in its 2022 report notes with concern that there is no explicit protection against 
discrimination based on sexual orientation and gender identity in the Constitution or the 
Criminal Code. 

Partnership  of  Public  Councils  and  Media  as  a  democratic  platform  for  promoting 
freedom  of  expression,  accountability,  and  human  rights  –  “Open  communities  –  open 
media” 

From  2019  to  2021,  through  the  EIDHR,  the  EU  funded  a  two-year  project  to  promote 
fundamental  freedoms  through  the  creation  and  maintenance  of  a  free  information  space, 
freedom of speech and expression in Kyrgyzstan. The project was implemented by the Gustav-
Stresemann Institute and local civil society organisations.  

The €600,000 project aimed to promote the freedom of expression in sharing various opinions 
on problems in the society, to strengthen the fulfilment of the right to access information, and 
to improve inter-sectoral dialogue to promote the free exchange of ideas and opinions and enable 
citizens to form their own opinions regarding issues of public importance.  

Specific activities under the project included the regular organisation of open public discussions 
and  dialogue  platforms,  with  the  participation  of  public  councils,  civil  society  activists  and 
government officials and journalists; knowledge sharing through the development of training 
manuals,  guides,  information  brochures,  videos,  and  other  publications  on  human  rights 
protection for vulnerable groups; conducting awareness raising campaigns; organisation of live 
broadcasts with the participation of relevant stakeholders; and other activities to promote the 
freedom of expression among vulnerable groups. 

5.1.3.  International Covenant on Economic, Social and Cultural Rights (ICESCR) 

No  significant  developments  in  the  implementation  of  this  Convention  were  observed 
during  the  reporting  period  in  Kyrgyzstan.  The  latest  report  of  the  Committee  on 
Economic, Social and Cultural Rights (CESCR) was issued in 2015 (13). The state report 
for the next reporting cycle was submitted in April 2021 and the review is still on-going. 

(13)  UN(2015) Concluding observations E/C.12/KGZ/CO/2-3. 

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The CESCR, the Committee on the Elimination of Discrimination against Women, and the 
Committee  on  the  Elimination  of  Racial  Discrimination  have  recommended  adopting 
comprehensive  anti-discrimination  legislation  that  provides  a  definition  of  direct  and 
indirect  discrimination,  prohibits  discrimination  on  all  grounds  and  of  all  forms  in 
accordance with international standards, prohibits racial discrimination and defines it as a 
punishable offence, and provides for special measures to promote equal opportunities and 
address  structural  discrimination.  In  its  recent  national  reports  to  UN  committees, 
Kyrgyzstan recognises that discrimination should be eliminated and committed to taking 
decisive actions.  

LGBTIQ persons continue to face discrimination and violence by state and non-state actors 
in  Kyrgyzstan.  Same-sex  sexual  activities  and  relationships  are  not  illegal,  but 
discrimination against and abuse at the hands of the police is prevalent. On August 1, 2020, 
following amendments to the Law of the Kyrgyz Republic “On acts of civil status” which 
entered  into  force  on  1  August  2020,  there  are  reported  issues  with  the  possibility  of 
changing the gender marker for trans* people, mentioned also by the Committee on the 
Elimination  of  All  Forms  of  Discrimination  Against  Women  (CEDAW)  in  their  2021 
report.  

Further, the  CESCR  has  expressed  concern about  the high  unemployment rate, the low 
minimum  wage,  the  high  number  of  people  working  in  the  informal  sector,  unhealthy 
working conditions in mining, construction, production and distribution of gas, water and 
electricity, child labour, labour exploitation of migrant workers, the lack of universal social 
security  coverage,  the  high  number  of  homeless  people,  the  prevalence  of  bride 
kidnapping, widespread poverty, malnutrition and food insecurity, limited access to health 
care, and high levels of industrial pollution which had an adverse impact on the health of 
the population and the environment. 

The  COVID-19  pandemic  had  a  significant  impact  on  the  national  health  system  with 
negative impact on the right to health. Following the ratification of the UN Convention on 
the Rights of Persons with Disabilities in 2019, the authorities have taken steps towards its 
implementation, including the adoption of the national programme 2023-2030 “Accessible 
Country”; and a draft Law “On the Rights and Guarantees of Persons with Disabilities” is 
being developed. 

5.1.4.  Convention  on  the  Elimination  of  All  Forms  of  Discrimination  Against  Women 

(CEDAW) 

The latest periodic report to the CEDAW Committee was issued in 2021 (14) and welcomed 
the  progress  made  by  the  State  party  in  establishing  a  progressive  national  legislative 
framework to protect women’s rights and promote gender equality, while raising several 
concerns. The Human Rights Committee in its 2022 report note with satisfaction the efforts 
made  by  Kyrgyzstan  in  combating  violence  against  women  and  domestic  violence,  but 
remains concerned about the situation on the ground, including regarding early and forced 
marriages and the high number of suspended investigations into sexual and gender-based 
violence and at the low number of corresponding convictions. 

The  fifth  National  Plan  of  Action  for  Gender  Equality  (2018-2020)  guided  the  overall 
work. In September 2022, the Cabinet of Ministers of the Kyrgyz Republic approved the 
National Strategy to Achieve Gender Equality by 2030 and the National Plan to Achieve 
Gender Equality for 2022-2024, which sets out five main priorities: women’s economic 
empowerment; cultural policy and functional education; strengthening protection against 

(14)  UN(2021) Concluding observations CEDAW/C/KGZ/CO/5. 

Page | 12 

 
 
gender  discrimination  and  fair  trial;  supporting  gender  equality  in  decision-making  and 
increasing women’s participation in political life; regulation policy.  

The 2018 Law on Gender Equality provides an overreaching legal framework for  equal 
participation of women in socio-economic and public life. However, legislative guarantees 
of gender equality are not backed up by the necessary measures to ensure effective gender 
balance  in  governing  bodies  at  senior  positions  at  the  national  and  local  levels  and  to 
overcome existing barriers for women. With regards to political representation, quotas in 
place since 2007 have not improved the situation on the ground. While a minimum of 30% 
of seats are reserved for women, this quota has not yet been met, as women currently hold 
21% of seats in the national parliament, as also noted by the Human Rights Committee in 
their 2022 report.  Women earn less than men and have unequal  access  to property  and 
inheritance. 

Harmful practices such as bride kidnapping, forced marriage, and child marriage have been 
criminalised with respective articles in the Criminal Code since 2017. Preventive work of 
NGOs  and  government  agencies,  with  the  assistance  of  international  organisations,  has 
encouraged a decline of such practices. According to Government information, 211 cases 
were recorded in 2020, 244 cases in 2021, and only 17 cases for the first 9 months of 2022. 

Gaps in legislation remain – according to CEDAW’s 2021 concluding observations, the 
Act on State Guarantees of Equal Rights and Opportunities for Men and Women does not 
cover intersecting forms of discrimination, the Criminal Code does not contain provisions 
criminalising certain forms of gender-based violence, such as marital rape, and there is no 
legislation to ensure the application of the principle of equal pay for work of equal value. 
The Act on Protection and Defence against Domestic violence (2017) is in place; however, 
it does not cover all forms of domestic violence. Amendments to the Criminal Procedural 
Code  adopted  in  2020  reduce  protection  for  victims  of  domestic  violence  and  other 
violence  against  women  and  girls  by  decriminalising  domestic  violence  as  it  now  falls 
under the Code of Offences (administrative) and not under the Criminal Code. 

Despite  some  efforts,  the  situation  in  the  country  regarding  the  implementation  of  this 
Convention  has  worsened  in  2020-2022.  Cases  of  gender-based  and  domestic  violence 
against women and girls remain pervasive. Law enforcement often fails to conduct prompt, 
thorough,  and  independent  investigation  into  all domestic  violence  cases  and  prosecute 
those  responsible.  The  COVID-19  pandemic  and  imposed  restrictions  were  linked  to  a 
significant rise of violence against women. According to UN Women, 47% of women have 
experienced  or  know  other  women  who  have  experienced  a  form  of  violence.  In  2021, 
there  were  10,151  registered  cases  of  domestic  violence  marking  an  increase  of  65% 
compared to pre-COVID period in 2019.  

The authorities launched a number of initiatives including awareness raising campaigns 
and crisis centres – often funded by private entities or donors. In 2021, the Public Security 
Service  of  the  Ministry  of  Interior  established  a  new  department  to  prevent  domestic 
violence. In June 2022, the Kyrgyz authorities published Guidelines for local committees 
on protection and protection from domestic violence, comprised of representatives of civil 
society, local government, and state bodies. 

Women in non-registered marriages face difficulties proving guardianship of their children 
without the confirmation of the husband to be able to have access to basic services. Women 
married through a religious ceremony  without civil  marriage registration do not  benefit 
from the protection of the Family Code and are denied any rights and protections upon 
dissolution of the union, as noted also by CEDAW in 2021. The Government is aware of 

Page | 13 

 
growing religious influence but has not yet adopted a comprehensive strategy to counter 
harmful gender stereotypes. 

HERo – New Narratives Towards a Gender Equal Society 

Through  the  EIDHR,  the  EU  funded  a  three-year  project  (2019  to  2022)  to  support  the 
transformation  of  discriminatory  attitudes  towards  women  by  fighting  against  the  spread  of 
gender  discrimination  in  education  and  mass  media  and  providing  an  effective  response  to 
gender-based  discrimination.  The  project  is  implemented  by  the  Centre  for  Creative 
Development “Danilo  Dolci” and  the local  organisation  “Social  Technologies  Agency”.  The 
project was designed to support government institutions, civil society organisations, educational 
experts, journalists, and press services of the parliament and the ministries in promoting gender 
equality,  preventing  gender  discrimination,  and  disseminating  positive  narratives  about 
women’s rights at all levels of the society. 

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

Punishment (CAT) 

Since  2020,  the  implementation  of  this  Convention  in  Kyrgyzstan  has  been  mixed. 
Systemic barriers to the abolition of torture remained, such as the lack of modern forensic 
medicine and the pending implementation of the Istanbul Protocol on reporting cases of 
torture. There were some early improvements in the legal framework on torture. The 2019 
Criminal  Code  and  a  Code  of  Criminal  Procedures  prohibit  torture  and  ill-treatment, 
exclude evidence gained through torture and other ill-treatment, and establish appropriate 
penalties  for  such  crimes.  However,  this  legislation  was  repealed  in  2021.  At  the  same 
time, the Penal Enforcement Code and the Code on Minor Offences were adopted in 2021. 
Also in  2021, Article 56 of the Constitution  was  adopted, stipulating  the prohibition  of 
torture and making it a crime. Additionally, various policy and institutional measures were 
taken by the Government on matters relevant under the Convention, e.g. programmes to 
combat  human  trafficking  and  action  plans  to  implement  them  were  established,  a 
Coordination Council on Juvenile Justice was set up, and a special database was developed 
to identify children at risk of violence. 

The Committee against Torture (CAT) in its 2021 periodic report (15) expressed concern 
that the domestic legislation did not exclude the application of presidential pardons to the 
crime of torture, which is not compatible with state obligations under the Convention as 
parties need to ensure the absolute and non-derogable nature of the prohibition of torture. 
Concerns were also raised about the effectiveness of the national preventive mechanism, 
which lacked staff and sufficient budget, especially in the regional offices, reiterated by 
the  Human  Rights  Committee  in  their  2022  report.  Additionally,  the  Human  Rights 
Committee  was  deeply  concerned  about  the  amendments  to  the  Criminal  Code  and  the 
Criminal Procedure Code, particularly the re-establishment of the pre-investigative stage, 
which limits the rights of the victim and the defendant. As noted also by the Human Rights 
Committee in their 2022 report, the Ombudsperson and National Preventative Mechanisms 
need  to  be  equipped  with  independence  and  effective  capacities  in  line  with  the  Paris 
Principles on standards for national human rights institutions. Moreover, the COVID-19-
related restrictions have been kept in places of detention. There is no official information 
that these measures are being removed. 

Additionally, the CAT noted that fundamental legal safeguards against torture were not 
afforded in practice to all persons who are arrested or detained, including minors, and the 

(15)  UN(2021) Concluding observations CAT/C/KGZ/CO/3. 

Page | 14 

 
 
 
48-hour  police  custody  limit  was  not  strictly  followed  and  may  be  extended  if  the 
investigation and prosecutors present justifications for additional investigation. 

The Committee was also concerned about the numerous reports of deaths, torture, and ill-
treatment of persons deprived of their liberty, especially in police custody, and a very low 
number of investigations and adjudications into such cases. While the overall number of 
reported  cases  declined,  torture  and  ill-treatment  in  detention  facilities  continued. 
Moreover, Kyrgyzstan did not conduct prompt, impartial and full investigations into such 
cases and victims did not get compensation (16). In an emblematic for Kyrgyzstan case, 
human rights defender Azimjan Askarov died in custody in 2020, but his death has still 
not been impartially and transparently investigated, despite strong international advocacy.  

Poor  detention  conditions,  especially  for  those  sentenced  to  life  imprisonment,  are 
concerning. While certain detention facilities were renovated and additional facilities were 
built for prisoners serving life sentences, reports continued about inadequate conditions of 
detention,  including  overcrowding,  lack  of  hygiene,  and  insufficient  food  and  drinking 
water.  

5.1.6.  Convention on the Rights of the Child (CRC) 

In  general,  commitment  to  implement  children’s  rights  in  Kyrgyzstan  is  high.  Yet,  the 
Committee on Rights of the Child (CRC) in its last concluding observations of 2023 (17) 
urged to strengthen legislation penalising gender-based violence, promptly investigate all 
cases of sexual exploitation and abuse, bride kidnapping, and ensure that all child victims 
of  violence  receive  adequate  protection  and  have  access  to  inter-agency  remedies  and 
comprehensive support. The CRC asked Kyrgyzstan to ensure inclusive education for all 
children, urgently improve school infrastructure, and address the problem of educational 
facilities in disrepair.  

Since 2014, Kyrgyzstan has taken action to improve the child protection framework at the 
legislative, policy, and institutional levels. Progress has been made with the revised list of 
hazardous  work  prohibited  for  children.  The  CRC  in  2023  also  noted  several  measures 
taken  to  implement  the  Convention,  including  the  Education  Development  Programme 
2021-2040  and  the  Emergency  Plan  for  the  Prevention  of  Child  Abuse  and  Violence 
against Children 2019-2020. During the reporting period, in July 2021, the new version of 
the Child Code (with seven related bills) was adopted by the Parliament, banning corporal 
punishment  of  children  in  all  settings,  strengthening  social  services  at  the  local  level, 
ensuring the rights of social protection for children without parental care, and providing 
stronger  protection  for  children  of  migrants.  However,  objections  were  raised  by  the 
Presidential Office, and the bill was returned to the Parliament where it is currently being 
re-drafted.  

Conclusions and priorities 

Positive efforts have been observed as regards the CRC implementation. Improvement 
and adoption of the developed Child Code would be a welcome development. Further 
steps  and  commitments  are  needed  towards  ending  institutionalisation  of  children 
without parental care towards family and community-based care and taking effective 
steps  –  including  social  work  and  assistance  –  to  foster  inclusion  of  children  with 

(16)  https://www.ohchr.org/en/press-releases/2022/11/un-human-rights-committee-issues-findings-ethiopia-

japan-kyrgyzstan  

(17)  UN(2023) Concluding observations CRC/C/KGZ/CO/5-6. 

Page | 15 

 
 
disabilities,  in  line  with  the  CRC  and  the  Convention  on  the  Rights  of  Persons  with 
Disabilities. 

reaching 

international 

steps  would 

standards.  Welcome 

CAT as well ICESCR and CEDAW are conventions where there were no major changes 
in  implementation.  However,  significant  efforts  should  be  made  by  the  authorities 
include 
towards 
operationalising  the  law  on  Domestic  Violence  through  guidance  and  procedures  on 
implementations,  including  specific  provisions  for  women  with  disabilities  and  for 
marital rape. The recently adopted Gender Strategy is welcome and should be properly 
is  also  recommended, 
implemented.  Further  action  addressing  discrimination 
particularly  the  adoption  of  a  comprehensive  anti-discrimination  law,  covering  all 
grounds of discrimination and including sanctions. Further efforts should be also made 
in eliminating the practice of bride-kidnapping and early marriage. The ratification of 
the Convention on the Rights of People with Disabilities is a welcome development, as 
also  noted  by  the  Human  Rights  Committee  in  their  2022  report,  which  should  be 
operationalised by adopting its implementation plan and ensuring sufficient budgetary 
resources. It is also important to properly state the possibility to change gender markers 
in the legislation. 

Implementation  under  the  ICCPR  has  declined  and  Kyrgyzstan  should  work  on 
reversing this negative trend. There is increased pressure on civil society and on freedom 
of the media, which should be addressed, in particular regarding restrictive legislation 
such as the Law on false information. Transparency of the law-making process should 
be  ensured  by  timely  publication  of  draft  laws  and  registries.  The  conditions  and 
allegations of torture in the penitentiary system continue to be of concern. Addressing 
deaths in custody and improving conditions in prisons and pre-trial detention should be 
considered as priorities. Proper investigation and prosecution of torture allegations is 
crucial.  Strengthening  the  National  Preventive  Mechanism  and  the  Ombudsperson’s 
office and aligning the latter with Paris Principles A (fully compliant) (18) can support 
this process. 

5.2. 

ILO Labour Rights Conventions (Conventions 8-15)  

Overall, the labour rights situation has been somewhat improving but further reforms are 
needed. There is currently an inventory of legislation being undertaken by the Government 
which includes ten labour laws.  

The  Ministry  of  Labour  and  social  partners  have  finalised  the  draft  Tripartite  General 
Agreement for 2022-2024 and agreed on exploring the ratification of  a number of  ILO 
conventions,  namely,  Conventions  Nos.  156,  181,  183,  189,  and  190.  Newly  adopted 
amendments to the Act on Collective Agreements in November 2022 appear to strengthen 
its  alignment  with  Convention  No.  98.  These  new  amendments,  however,  need  to  be 
reflected in Sections 29 and 31 of the Labour Code as without corresponding provisions, 
there will be a degree of legal uncertainty and inconsistency between the Laws. A revision 
of the Labour Code is underway in 2023. 

In  its  2022  examination (19),  the  ILO  Committee  of  Experts  on  the  Application  of 
Conventions (CEACR) noted with deep concern that there are still several limitations to 

(18)  The UN Paris Principles (‘Principles Relating to the Status of National Human Rights Institutions’) set 
out  the  minimum  standards  that  NHRIs  must  meet  in order  to be  considered  credible  and  to  operate 
effectively. https://ganhri.org/paris-principles/  

(19)  https://www.ilo.org/normlex-permalink/comment/en/4303592  

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labour  inspections.  The  situation  regarding  the  Labour  Inspectorate  has  somewhat 
improved  with  government  efforts  to  increase  financing,  number  of  labour  inspectors, 
improving access of labour inspectors to enterprises, and other amendments to regulations 
on occupational safety and health (OSH) and labour inspections. In terms of enforcement 
capacity,  the  number  of  labour  inspectors  (currently  28)  is  still  low  according  to  ILO 
standards and should be substantially increased. The inspectorate should also be able to 
conduct unannounced inspections, in addition to scheduled ones, and upon complaint (20). 
A crucial problem remains in the large informal sector (up to 70% of the economy), which 
escapes oversight of labour rights and is a fertile ground for child labour and gender-based 
discrimination. A negative development in 2023 was the introduction of a temporary ban 
to  all  checks  on  businesses,  which  also  concerns  planned  labour  inspections.  These 
developments will be assessed by the CEACR in 2024. 

5.2.1.  Freedom of Association and Collective Bargaining (Conventions No. 87 and No. 

98) 

Despite  some  remaining  shortcomings,  the  overall  legislative  framework  in  this  area  is 
reasonably adequate. According to the Kyrgyz authorities, there is no register kept of new 
trade unions in Kyrgyzstan; however, only three members are required to set up a trade 
union.  Accordingly,  there  is  no  register  kept  of  the  number  of  collective  agreements. 
Nonetheless, the Government has provided such information in its reports to CEACR in 
2021.  

There have been several attempts by members of Parliament to pass a draft Law on Trade 
Unions, which was not  compatible  with  Conventions No. 87 and  No. 98. These  efforts 
have been vetoed by the President three times, most recently in December 2021. The ILO’s 
Committee on Freedom of Association dealt with a (preventative) freedom of association 
complaint  (No.  3386)  of  June  2020  submitted  by  the  Mining  and  Metallurgy  Workers’ 
Union of Kyrgyzstan (GMPK) based on concerns about the draft law. 

In the currently ongoing framework of the legal inventory, the Government, in consultation 
with social partners and with the expertise of the ILO, has developed amendments to the 
current Law on Trade Unions, rather than drafting an entirely new law. This would allow 
alignment of the current law, in line with international labour standards without having to 
further engage in the fractious process related to a whole-sale reform of the Trade Union 
Law. These draft amendments were submitted to the ILO for consideration to ensure they 
are aligned with the Conventions, and as of November 2022, the ILO provided comments 
on  the  draft  amendments.  The  amendments  to  the  draft  law  are  due  to  be  submitted  to 
Parliament. 

On the right to strike, CEACR, most recently in 2021 (21), considers the current quorum 
required  too  high (22)  and  potentially  impeding  recourse  to  strike.  According  to  the 
Government,  the  question  of  lowering  the  quorum  is  being  discussed  by  the  Tripartite 
Working Group and could be included in the draft Labour Code, planned to be revised in 
2023. The planned reform of the Labour Code will also involve a review and revision of 
provisions  on  freedom  of  association  and  collective  bargaining  to  better  reflect 

(20)  Regarding labour inspections, it is a warning sign that the CEACR has in its report published in February 
2023  listed  Kyrgyzstan  in  relation  to  its  implementation  of  ILO  Convention  No.  81  on  Labour 
Inspections  among  its  “List  of  the  cases  in  which  the  Committee  has  requested  a  full  reply  to  its 
comments outside of the reporting cycle.” (CEACR report 2023, pages 70 and 765).  

(21)  https://www.ilo.org/normlex-permalink/comment/en/4120364  
(22)  Section  437  of  the  Labour  Code  states  the  decision  to  call  a  strike  should  be  taken  by  a  meeting  of 
workers that a minimum of two thirds of workers should be present at and the decision to strike should 
be taken by at least half the workers. 

Page | 17 

 
 
international labour standards. This will be a significant project and the Ministry is heavily 
relying on ILO support. CEACR in 2020 and 2021 also noted that Section 440(b) of the 
Labour Code refers to the prohibition of strikes in essential services which CEACR did not 
deem essential in the strict sense of the term and, therefore, recommended establishing a 
system  of  minimum  services  as  opposed  to  an  outright  ban  on  strikes,  which  the 
Government understands needs to be amended.  

CEACR had also previously raised concerns over provisions allowing for other workers 
representatives,  including  enterprise  councils  to  engage  in  collective  bargaining  in 
instances  where  trade  unions  represented  less  than  50%  of  the  workforce.  They 
recommended that the Act on Collective Agreements (2004) be amended so as to ensure 
clearly that the position of a representative union, even if it does not represent 50% of the 
workforce,  is  not  undermined  by  elected  representatives  in  the  collective  bargaining 
process. In November 2022, newly adopted amendments to the Act indicate that only in 
the absence of a trade union can other bodies of worker representatives engage in collective 
bargaining on behalf of employees. This appears to strengthen alignment of the legislation 
with  Convention  No.  98;  however,  these  amendments  will  also  need  to  be  reflected  in 
Section 29 and 31 of the Labour Code, which is currently being reviewed in 2023, in order 
to ensure consistency between the laws and compliance with the Convention. 

5.2.2.  Abolition of Forced Labour (Conventions No. 29 and No. 105) 

Gaps remain regarding the compliance of national legislation with the ILO conventions on 
forced  labour.  The  CEACR  in  2020  requested (23)  additional  information  on  the 
performance of mandatory alternative (civilian) services  instead of compulsory military 
service and the work of convicted persons for a private entity under ILO Convention No. 
29. As for concerns on the implementation of ILO Convention No. 105 (24), these include 
the need to ensure that no penal sanctions entailing compulsory labour can be imposed on 
persons for expressing political views nor on officials in case of ‘negligence’. The ILO 
welcomed  the  ratification  of  the  ILO  Protocol  2014  to  Convention  No.  29  on  Forced 
Labour by Kyrgyzstan in October 2020 and considers it as a positive legal development 
towards abolition of forced labour.  

Forced  labour  and  labour  exploitation  are  closely  linked  to  trafficking  in  persons.  The 
establishment of the National Referral Mechanism for Victims of Trafficking in Persons 
in 2019 was welcomed by the Human Rights Committee in its 2022 report. However, the 
Committee was concerned that according to information provided, as of October 2022, no 
cases had been referred through the National Referral Mechanism and the low number of 
investigations,  prosecutions,  and  convictions  in  cases  of  human  trafficking  and  forced 
labour. The Ministry of Labour is finalising relevant amendments to the Labour Code and 
the Law on Combating and Preventing Trafficking in Persons to improve compliance with 
the ILO conventions. 

Kyrgyzstan is rather a source country of trafficking, forced labour, and labour exploitation, 
including sex exploitation, of its nationals abroad. In September 2021, the Organization 
for  Security  and  Co-operation  in  Europe  (OSCE)  organised  the  first  ever  National 
Simulation Exercise on Combatting Trafficking in Human Beings which was attended by 
over seventy representatives of the law enforcement agencies, NGOs, labour inspectorate, 
social services, and independent experts from across Kyrgyzstan.  

(23)  https://www.ilo.org/normlex-permalink/comment/en/4051637  
(24)  https://www.ilo.org/normlex-permalink/comment/en/4051640  

Page | 18 

 
 
Nevertheless, forced labour is also reported within the country, especially in agriculture 
(including  child  labour),  forestry,  construction,  and  textile  industries,  as  well  as  in 
domestic service and forced childcare. The Government adopted a new National Action 
Plan for Combating Trafficking in Persons for 2022-2025 in April 2022 and amended the 
Law on Preventing and Combating Trafficking in Human Beings in January 2023.  

5.2.3.  Minimum Age for Work and Worst Forms of Child Labour (Conventions No. 138 

and No. 182) 

The  State  Programme  to  Support  Families  and  Protect  Children  for  2018–2028  is  the 
Government’s central policy document on the protection of children, including working 
children. In pursuance of the Actions Plan of the Cabinet of Ministers by 2026, the Ministry 
of Labour had drafted a new Action Plan to Prevent and Eliminate the Worst Forms of 
Child  Labour  for  2023–2026,  after  previous  delays.  The  draft  is  currently  under  the 
consideration of the President. 

There are some positive changes in the legal framework and latest statistics on child labour. 
A legal framework is in place that sets the minimum age for employment at 16 years and 
the conditions for the work of children under this age (limited light work is permitted at 
age 14), as well as the restrictions on work by persons under 18 involving harmful and/or 
hazardous  working  conditions.  The  Government  has  worked  on  updating  the  list  of 
hazardous  work  and  has  expanded  it  to  include  dangerous  and  harmful  activities  in 
agriculture. The revised List of hazardous works prohibited to children was approved by 
the Government Resolution in September 2020. There is no definition for, nor list of, “light 
work”  for  14-16-year-olds  in  the  current  Labour  Code,  as  indicated  in  CEACR’s  2020 
comments (25).  The  Ministry  of  Labour,  Social  Security  and  Migration  circulated  an 
updated  list  of  hazardous  work  prohibited  for  persons  under  the  age  of  18  to  various 
ministries, departments, and social partners for agreement.  

The  most  recent  available  data  on  child  labour  are  the  findings  of  the  Multi-Cluster 
Indicator Survey (MICS) 2018 (26) that show slow progress in reducing the total number 
of child labourers nationwide, with notable progress in the reduction of children involved 
in  hazardous work (15.2% in  2014 versus 11.7% in  2018) and girls in  hazardous  work 
(11.8% and 6.8% accordingly). Trends, however, vary across the regions. There has been 
a marked decline of child labour incidences, including hazardous works in regions targeted 
by international programmes and projects, namely in Osh region, Osh Municipality, Chui 
region, and Jalal-Adbad region. The Government has set itself a target for the period 2018-
2022 of reducing the overall child labour rate from 27.8% in 2018 to 22% in 2022. 

The Government is aware of the current ineffectiveness of on-site inspections of businesses 
by the Labour Inspectorate in the fight against child labour due to the requirement of prior 
notification and may address this problem in the future. Further priorities in the context of 
protection of children from child labour include a focus on rural work, including tobacco 
industry, and direct assistance to children and their families. 

5.2.4.  Equal Remuneration and Elimination of Discrimination (Conventions No. 100 and 

No. 111) 

National  legislation  prohibits  discrimination  on  a  range  of  grounds  also  in  respect  of 
employment  and  occupation  and  provides  for  equal  remuneration  for  men  and  women. 
Legislation nevertheless needs to better reflect the principle of equal pay for work of equal 

(25)  https://www.ilo.org/normlex-permalink/comment/en/4050159  
(26)  https://www.unicef.org/kyrgyzstan/reports/multiple-indicator-cluster-survey-mics-situation-children-

and-women-kyrgyzstan  

Page | 19 

 
 
value (27).  Following  the  Beijing  +25  Report,  the  Government  has  indicated  that 
amendments to Section 17 of the Gender Equality Act (2003) would be considered by the 
National Tripartite Commission, however, there is no evidence of this so far.  There are 
concerns regarding the application of the principle of equal  pay in  practice, in  both the 
public and the private sectors, and notably with regard to payments in kind and additional 
payments, raised also by CEDAW in their 2021 concluding observations. There is also a 
need  to  define  and  prohibit  gender-based  indirect  discrimination  at  all  stages  of  the 
employment  process  and  provide  a  comprehensive  definition  and  prohibition  of  sexual 
harassment, as indicated by CEACR in 2020 (28).  

There are serious restrictions to women’s access to certain categories of work as set out in 
Section 218 and 303 of the Labour Code with a list of up to 400 jobs deemed to be harmful 
and/or dangerous. According to the CEACR, such measures are aimed at women generally, 
based on stereotypical perceptions about their capabilities and appropriate role in society. 
The  list  constitutes  obstacles  to  the  recruitment  and  employment  of  women  and  is  in 
contravention to Convention No. 111. According to the Kyrgyz authorities, as part of the 
current inventory process on labour law reforms underway, this list will be reviewed – a 
commitment welcomed also by CEDAW in their 2021 concluding observations. 

Regarding  discrimination  and  inequalities  faced  by  ethnic  minorities,  in  particular  the 
Uzbek and Mugat minorities, the CEACR requested in 2020 (29) the Government to take 
measures  to  ensure  that  they  have  access  to  education,  vocational  training,  and 
employment on an equal footing with other sectors of the population, and that any violation 
of  the  principle  of  equality  be  duly  sanctioned.  CEACR  also  asked  the  Government  to 
adopt  awareness-raising  measures  with  a  view  to  eliminating  racial  stereotypes  and 
prejudices. 

(27)  The concept of “work of equal value” is fundamental to tackling occupational gender segregation as it 

permits a broad scope of comparison between different jobs. 
(28)  https://www.ilo.org/normlex-permalink/comment/en/4041613  
(29)  https://www.ilo.org/normlex-permalink/comment/en/4041613  

Page | 20 

 
 
Conclusions and priorities 

Overall,  national  legislation  on  labour  rights  offers  a  good  level  of  protection  and 
guaranteed rights. The proper alignment of the 10 labour laws with international labour 
standards, which is part of the on-going national inventory of legislation will be a crucial 
next step. In terms of enforcement capacity of the labour inspectorate, the number of 
labour  inspectors  is  low  and  should  be  substantially  increased.  Kyrgyzstan  should 
remove the limitations imposed on the labour inspectorate which inhibit their ability to 
fulfil their mandate, including being able to conduct unannounced inspections. 

There are ongoing risks to the freedom of association of both workers and employers, 
which  require  close  monitoring.  The  current  planned  draft  amendments  to  the  Trade 
Union law, which have undergone tripartite consultations and have been reviewed by 
the ILO, are a positive step and should be enacted as soon as possible. Reducing the 
currently high quorum required to call a strike would be a further positive step.  

With  regard  to  the  ILO  conventions  on  child  labour,  forced  labour,  and  equal 
remuneration of men and women, Kyrgyzstan has adopted several measures in recent 
years  which  constitute  some  progress  in  the  legal  and  institutional  framework. 
Nevertheless,  further  improvement  of  the  legal  framework  is  needed  to  advance 
compliance with the conventions in these areas. Regarding child labour, future revisions 
of the Labour Code should also include a definition of ‘light work’ for 14-16-year-olds. 
The implementation of the Gender Equality Strategy 2022-2024 will be a welcome step. 
Further  work  needed  includes  abolishing  the  list  of  400  occupations  prohibited  for 
women and conducting a full analysis on the existing gender pay gap. Similarly, data 
gaps on child labour can be addressed by undertaking a new Child Labour Survey.  

The Government has stepped up its efforts to combat trafficking of persons for labour; 
however,  significant  work  still  needs  to  be  done  to  effectively  prevent  and  combat 
trafficking  and  provide  necessary  protection  to  victims.  Further  problems  such  as 
growing  irregular  migration  in  the  context  of  difficulties  in  cooperation  with  other 
countries are to be addressed as well. 

5.3.  UN  Conventions  on  Environmental  Protection  and  Climate  Change 

(Conventions 16-23)  

The  new  Ministry  of  Natural  Resources,  Environment,  and  Technical  Supervision, 
established in 2021, has been delegated wide mandates for policy setting, implementation, 
and control. In 2021, the Cabinet also set up the State committee on ecology and climate 
and  assigned  it  responsibilities  to  provide  ecological  safety,  strengthen  environmental 
measures, and mitigate climate risks. The newly established institutions face significant 
initial  capacity  challenges  and  will  have  a  significant  task  in  terms  of  increased 
coordination with international bodies and re-establishing Kyrgyzstan’s compliance with 
reporting on several environmental conventions. 

5.3.1.  Convention  on  International  Trade  in  Endangered  Species  of  Wild  Flora  and 

Fauna (CITES) 

Kyrgyzstan  ratified  CITES  on  2  September  2007  but  is  still  classified  as  category  2, 
meaning  that  it  has  enacted  CITES  legislation,  but  this  is  not  fully  in  line  with  CITES 
requirements (30).  The  country  is  preparing  updates  to  the  2014  legislation,  but  no 

(30)  https://cites.org/eng/parties/country-profiles/kg/compliance-status  

Page | 21 

 
 
 
agreement has been reached with the CITES secretariat yet. Formally, no progress has been 
reported since July 2018, when an agreement was reached with the CITES Secretariat on 
conducting  revised  legislative  analysis.  In  its  74th  meeting  in  March  2022,  the  CITES 
Standing  Committee  requested  the  CITES  secretariat  to  issue  a  formal  warning  to  nine 
countries, including Kyrgyzstan, for not having made legislative progress for more than 
three  years  and  requesting  them  to  immediately  take  steps  to  ensure  progress  is  made 
before the Conference of the Parties (CoP19) of November 2022, which did not take any 
decision on Kyrgyzstan. The Kyrgyz Government reported on progress to the Secretariat 
as requested ahead of CoP19, including on draft legislation to address these issues which 
is in preparation, but has not been officially notified to the CITES Secretariat yet. However, 
Kyrgyzstan is now compliant with reporting obligations.  

5.3.2  Waste conventions: Basel Convention on the Control of Transboundary Movements 
of Hazardous Wastes and Their Disposal and Stockholm Convention on Persistent 
Organic Pollutants (POPs) 

Kyrgyzstan  acceded  to  the  Basel  Convention  in  1996  and  included  it  in  the  national 
legislation in 2001. Kyrgyzstan is not compliant with its reporting obligations for the Basel 
Convention.  The  national  report  on  transboundary  movements  of  hazardous  waste  on 
national emissions of the years 2020 and 2021 were due on 31 December 2021/22 but both 
reports have not been submitted yet. The latest (2019) National Report was submitted on 
time (31 December 2020) but shows no significant changes compared to earlier reports. 
Kyrgyzstan has not ratified the Ban Amendment to the Basel Convention prohibiting all 
transboundary  movements  of  hazardous  wastes  which  are  destined  for  final  disposal 
operations from Organisation  for Economic Co-operation and Development  (OECD)  to 
non-OECD States. This is not a requirement of GSP+ but would contribute to the effective 
implementation of the Basel Convention.  

Kyrgyzstan ratified the Stockholm Convention in 2006 and is partially compliant with the 
reporting  obligations.  After  previous  delays  and  missing  reports,  the  country’s  fourth 
national  report  on  the  measures  taken  to  implement  the  Convention  and  on  its  total 
quantities of production, import, and export of POPs was submitted on 1 November 2018. 
Kyrgyzstan has not submitted its fifth national report which was due on 31 August 2022. 
Kyrgyzstan submitted a National Implementation Plan (NIP) for the Convention on 3 July 
2006, which includes, as required, a list of proposed actions. The country’s compliance 
with reviews and updates of the NIP as required under Article 7 of the Convention is poor. 
Following  submission  of  updates  for  COP4  and  COP5  with  support  of  UNDP/GEF  in 
2016, Kyrgyzstan did not submit its update addressing amendments as required by COP6 
(due 26 November 2016), COP7 (due 15 December 2018) and COP8 (due 18 December 
2020).  

Although Kyrgyzstan has never produced pesticides, there are 50 repositories of obsolete 
pesticides which store about 5,000 tons of these hazardous chemicals. The main cause of 
this is the active use of pesticides between 1960 and 1985 in production of various crops 
(cotton,  sugar  beets,  vegetables,  tobacco,  crops,  orchards,  vineyards,  and  pastures). 
Apparently, in many dumping zones, people dig the stored obsolete pesticides up for reuse, 
which poses a serious threat to people, livestock, and the environment. There is a need to 
create  optimal  agrotechnical  and  agrochemical  conditions  to  improve  the  aerobic 
degradation for elimination of pesticides from these contaminated sites.  

5.3.3.  Convention on Biological Diversity (CBD) and Cartagena Protocol on Biosafety 

Kyrgyzstan adopted its third National Biodiversity Strategy and Action Plan (NBSAP) in 
the  framework  of  the  CBD  in  2016.  In  the  NBSAP,  the  Government  states  that  the 

Page | 22 

 
“territory of the Kyrgyz Republic has a high degree of concentration of biodiversity not 
only at the ecosystem, but also at the species level. In spite of its small area, the Kyrgyz 
Republic has a fairly high diversity of species - about 1% of all known species on 0.13 % 
of Earth’s surface”. In a speech to the 15th meeting of the Conference of the Parties to the 
CBD in October 2021, Kyrgyzstan’s President said that his country is keen on protecting 
its mountain biodiversity and announced a five-year programme to ensure the sustainable 
development of mountain regions. 

The country issued its sixth national report (6NR) under the CBD in March 2019. In this 
report the Government mentions that at present, the country’s economic growth is mainly 
vested in uncontrolled use of natural resources.  

As a party to the Cartagena Protocol on Biosafety, Kyrgyzstan has an obligation to provide 
national  reports  on  its  implementation  of  the  Protocol.  However,  the  Fourth  National 
Report (NR4) due 1 October 2019 has  not been  submitted to  date. Following a request 
from  the  Compliance  Committee  of  the  Protocol  in  its  16th  meeting  in  May  2019, 
Kyrgyzstan  submitted  a  compliance  action  plan.  In  its  17th  meeting  in  April  2020,  the 
Committee concluded that no update has been received on any progress made with regard 
to the specific actions and timelines indicated in Kyrgyzstan’s compliance action plans.  

In its NR3, Kyrgyzstan reported that it had a draft legal framework for the implementation 
of the Protocol,  but that not  all legal,  administrative, and other required  measures were 
implemented. Legislation includes a list of controlled products adopted in 2014, legislation 
on export control of genetically modified organisms from 2014, and an undated draft Act 
on biological safety. NR3 reports that no regulation exists on the transit, handling or use 
of living modified organisms (LMOs). No updates have taken place in recent years. 

5.3.4.  Conventions on Climate Change and Protection of the Ozone Layer (31) 

In  recent  years,  Kyrgyzstan  has  made  good  progress  in  implementing  climate  change 
related conventions, but implementation challenges remain. In 2020, Kyrgyzstan made two 
important  steps  forward  in  its  environmental  protection  efforts  by  ratifying  the  Paris 
Agreement on Climate Change in February and by ratifying the Kigali Amendment to the 
Montreal  Protocol  on 
the  consumption  and  production  of 
hydrofluorocarbons (HFCs) in September.  

the  reduction  of 

Kyrgyzstan  is  on  track  to  phase  out  the  ozone  depleting  substances  (ODS)  and  ODS-
containing products regulated under the Montreal Protocol, has introduced ODS and HFC 
licencing  systems,  and is  compliant with reporting obligations under both the Montreal 
Protocol and the Kigali Amendment. With the licensing system and further regulation in 
place, Kyrgyzstan seems on its way to phase out also the use of HFCs, as targeted by the 
Kigali Amendment. 

In October 2021, the country submitted its updated Nationally Determined Contribution 
(NDC) (32), which has significantly increased targets compared to the first NDC, submitted 
in February 2020. In its updated NDC, Kyrgyzstan has committed to reduce emissions to 
15.97%  and  43.62%  below  2030  levels  (under  a  “Business  as  Usual”  scenario) 
unconditionally and conditionally, respectively. Kyrgyzstan has also committed to achieve 
carbon neutrality by 2050. 

(31)  United  Nations  Framework  Convention  on  Climate  Change,  Kyoto  Protocol  to  the  United  Nations 
Framework  Convention  on  Climate  Change,  and  Montreal  Protocol  on  Substances  that  Deplete  the 
Ozone Layer. 

(32)  The Paris Agreement calls on countries to revise and strengthen their NDCs every five years. 

Page | 23 

 
 
The achievement of the NDC is underlain by mitigation actions and policies covering five 
sectors.  The  primary  mitigation  capacity  is  concentrated  in  the  Energy,  Agriculture, 
Forestry and Other Land Uses sectors. Greenhouse gas (GHG) inventory was conducted 
and finished in April 2021 and used for the update of  Kyrgyzstan’s  NDC. The updated 
NDC  identifies  the  energy  sector  to  be  responsible  for  60%  of  GHG  emissions,  and 
consequently defines most mitigation measures for that sector, focused on a decrease in 
the  consumption  of  fossil  fuels  (switch  from  coal  to  gas  in  households),  an  increase  in 
renewable  energy  sources,  and  increased  energy  efficiency  in  household  cooking  and 
heating.  The  updated  NDC  also  contains  a  list  of  adaptation  measures  that  will  reduce 
economic losses from climate change impacts and cover the most vulnerable sectors.  

Kyrgyzstan’s  last  national  communication  (NC3)  dates  from  24  January  2017,  and  the 
country has not yet submitted its fourth national communication, although the requirement 
is  to  report  every  four  years.  Kyrgyzstan  submitted  its  first  Biennial  Updated  Report 
(BUR1) and National inventory report to the UNFCCC on 23 December 2022, while the 
deadline for submission was December 2014.  

Conclusions and priorities 

There is some progress in developing policy on climate change and implementing the 
ambitious actions. Kyrgyzstan is partly compliant on some of its reporting obligations 
on  multilateral  environment  agreements  and  non-compliant  as  regards  the  Basel 
Convention.  Bringing  the  reporting,  in  particular  on  environmental  conventions 
including on biodiversity and chemicals, in line with the international obligations should 
be a priority. Additionally, advancing the alignment of national legislation with CITES 
is an important task ahead of the new authorities. 

5.4.  UN Conventions on Good Governance (Conventions 24-27)  

5.4.1.  International Drug Control Conventions (33) 

Kyrgyzstan is  mainly  a transit country used by international  drug traffickers on the so-
called  Northern  Route (34).  Smuggling  of  illicit  drugs  is  facilitated  by  the  largely  un-
demarcated borders in mountainous territories, which makes physical control difficult, in 
addition  to  the  limited  resources  and  capacities  of  customs,  border  control  and  law 
enforcement  agencies.  Furthermore,  as  a  result  of  Kyrgyzstan’s  membership  in  the 
Eurasian  Economic  Union  since  2015,  Kazakhstan  withdrew  customs  controls  on  the 
border with  Kyrgyzstan. The Taliban takeover of Afghanistan has further increased the 
risk  of  illegal  drug  trafficking  through  Kyrgyzstan.  There  are  some  indications  of  a 
growing base of production and emergence of new psychoactive substances in the country, 
although on a much smaller scale.  

The responsible body for implementation is the Counter Narcotics Service, established as 
a  separate  entity  under  the  Ministry  of  Interior  in  2019.  In  2020,  according  to  the 
International Narcotics Control Board (INCB), measures were being taken to update the 
existing national Anti-Drug Programme and develop an action plan for the coming five-
year period. However, the adoption of the new strategy and action plan, delayed following 

(33)  UN Single Convention on Narcotic Drugs (1961), UN Convention on Psychotropic Substances (1971), 
and UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988). 
(34)  From Afghanistan (through Tajikistan) to Kazakhstan and Russia, and to some extent into Europe. 

Page | 24 

 
 
 
the  annulled  parliamentary  elections  in  October  2020,  is  still  expected;  meanwhile,  the 
2014 strategy continues to be in place. 

The  establishment  of  the  drug  analytical  centre  and  the  development  of  preventive 
measures are  encouraged. However, CEDAW in 2021 has noted with concern the draft 
legislative  amendments  to  criminalise  drug  possession  for  personal  use,  the  family 
legislation  providing  for  the  deprivation  of  parental  rights  based  on  parental  drug 
dependence, and the lack of access to harm-reduction programmes and facilities for women 
using drugs. 

Kyrgyzstan has been participating in EU regional projects of the  Central Asia Drug Action 
Programme  (CADAP),  a  drug  demand  reduction  initiative  started  in  2003  to  promote  the 
development of effective, comprehensive drug policies based on scientific evidence and best 
practice, and including a gender and human rights-based approach. The seventh phase of the 
programme (CADAP 7) runs from 2021 to 2024. 

Kyrgyzstan is also one of the countries participating in the EU programme Border Management 
in Central Asia (BOMCA), which provides a range of activities related to border management 
that both aim to reduce illicit trade and facilitate legal trade, thereby also supporting Kyrgyz 
exporters  in  trading  under  the  GSP+.  BOMCA  was  launched  in  2002,  with  its  10th  phase 
launched in April 2021 (35). 

Kyrgyzstan  also  benefited from  the  EU-ACT  programme  against  drugs  and  organised  crime 
from  2017  to  2021.  Activities  carried  out  in  Kyrgyzstan  include  support  for  the  creation  of 
specialised policy units and police training, as well as a provision of equipment such as GSP 
trackers.  Additionally,  the  EU  has  provided  financial  support  to  a  number  of  projects 
implemented by the UN Office on Drugs and Crime (UNODC). 

5.4.2.  UN Convention against Corruption (UNCAC) 

Kyrgyzstan’s  institutional  anti-corruption  framework (36)  is  in  the  process  of  a 
government-wide reorganisation, following the political changes since October 2020.  A 
new  law  on  Counteracting  Corruption  is  being  prepared  to  replace  the  2012  law  on 
Combating  Corruption.  Former  key  anti-corruption  agencies  –  the  State  Service  for 
Combating Economic Crimes (Financial Police) and the anti-corruption branch of the State 
Committee  for  National  Security  (GKNB)  –  were  dissolved  in  2021.  In  July  2021,  the 
President set up an Anti-Corruption Business Council. In November 2021, the President 
also  announced  that  the  General  Prosecutor’s  Office  had  created  an  investigation 
department that would consider all cases of corruption. A new Anti-Corruption Strategy 
was prepared by the Anti-Corruption Business Council and submitted for the President’s 
signature in November 2022. The Strategy involves a framework of actions in the judiciary 
and  law  enforcement,  in  the  business  sphere,  in  the  state  and  municipalities’ 
administration.  The  Strategy  foresees  among  others  extended  digitalisation  to  reduce 
contact of citizens/businesses with public officials as well as the use of outsourcing of state 
services  by  the  private  sector.  A  new  draft  Law  "On  Anti-Corruption"  is  also  being 
developed. 

A draft law on Voluntary Legalisation of Assets (2022) presents a significant concern, also 
expressed  by  the  Human  Rights  Committee  in  their  2022  report,  as  it  risks  providing 
impunity for criminally obtained assets. In addition, the Committee is concerned that the 

(35)  For detailed information, see https://www.bomca-eu.org/en/.  
(36)  The institutional anti-corruption regime that was in place until 2020 has been described in the previous 

biennial GSP reports 2018-2019.  

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Law  on  Public  Procurement  of  14  April  2022  removed  a  third  of  all  government 
procurements from the publicly available data. 

Kyrgyzstan has complied with only some of the notification requirements of UNCAC. The 
country also has not contributed voluntary information to any of the UNCAC working and 
expert  groups.  Regarding  the  implementation  of  UNCAC,  Kyrgyzstan  has  so  far  been 
reviewed under one review cycle (37). The review determined a number of areas where the 
Kyrgyz anti-corruption framework was not in line with UNCAC, including the definition 
of public officials, the scope of offences (offering or promising a bribe was not covered by 
the legislation) (38). The Human Rights Committee in their 2022 report also raise concerns 
about indications of steep rise in corruption, also among judges.  

The EU has assisted the Kyrgyz authorities in fighting against corruption through its Rule of 
Law Programme; the second phase, with a budget of about €13.8 million, was implemented 
from 2018 to 2022.  

The  project  has  supported  the  improvement  of  the  anti-corruption  legislation,  contributed  to 
adoption of the laws on conflict of interests and protection of whistle-blowers, as well as the 
establishment of the online register of crimes and misdemeanours at the prosecutors’ offices and 
e-justice at three pilot courts. It has also helped in training of prosecutors, lawyers, and judges 
on ethics and the need to fight corruption. 

With  respect  to  anti-money  laundering  and  countering  the  financing  of  terrorism 
(AML/CFT), Kyrgyzstan has strengthened systems over time, but weaknesses remain. In 
2021, Kyrgyzstan had made progress in implementing 39 of the 40 recommendations by 
the  Financial  Action  Task  Force  (FATF).  Since  2018,  a  national  risk  assessment  was 
carried out; an information system on National Politically Exposed Persons was developed. 
Remaining  weaknesses  include  the  still  insufficient  inter-agency  cooperation;  resource 
limitations of the AML institutions; and the absence of a strategy and guidance document 
for law enforcement agencies. The number of money-laundering criminal cases initiated 
also continues to be small: 16 in 2020, and seven in the first nine months of 2021. In spring 
2022, the Kyrgyz Financial Intelligence Unit launched a comprehensive plan for receiving 
technical assistance from various development partners in order to address remaining gaps 
in  its  AML/CFT  framework  in  view  of  the  new  assessment  cycle  from  FATF  that  is 
expected until 2025. Following its request, it received Technical Assistance in November 
2022 through the EU Global Facility on AML/CFT. 

Conclusions and priorities 

The fight against corruption should continue to be a top priority for Kyrgyzstan. The 
authorities  are  strongly  encouraged 
in  properly 
implementing this Convention, as well as to cooperate more closely with civil society 
on the topic. In this regard, aligning the draft Law on Voluntary Legalisation of Assets 
with international obligations is an important step. 

to  undertake  decisive  steps 

In  terms  of  drug  control,  Kyrgyzstan’s  regime  is  satisfactory  and  there  is  growing 
recognition  of  a  balanced  approach  to  demand-side  measures.  This  should  continue 
throughout the planned revision of the legislation. In this context, the draft amendments 
criminalising possession for personal use is a worrying development. The adoption of a 
revised drug control strategy and action plan post 2023 is also encouraged. 

(37)  The review under the 2nd review cycle is currently ongoing, but no official reporting has yet been made 

available. 

(38)  More details were provided in the 2018-2019 GSP Report on Kyrgyzstan. 

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ANNEX: KYRGYZSTAN – TREATY RATIFICATION AND REPORTING  

Convention 

Ratification status 
Reservations 

Compliance with reporting 
obligations to monitoring bodies 

Human rights conventions 
1. Convention on the Prevention and 
Punishment of the Crime of Genocide 
2. International Convention on the 
Elimination of All Forms of Racial 
Discrimination 
3. International Covenant on Civil 
and Political Rights 

Acceded: 05.09.1997 
No reservations 
Acceded: 05.09.1997 
No reservations 

Acceded: 07.10.1994 
No reservations 

4. International Covenant on 
Economic Social and Cultural Rights 

Acceded: 07.10.1994 
No reservations 

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

Acceded: 10.02.1997 
No reservations 

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

Acceded: 05.09.1997 
No reservations 

7. Convention on the Rights of the 
Child 

Acceded: 07.10.1994 
No reservations 

No reporting obligations 

Compliant with reporting 
obligations 
•  Last report submitted on: 15.05.2023. 
Compliant with reporting 
obligations 
•  Last report submitted on: 25.02.2020. 
•  Next report due in 2029. 
Compliant with reporting 
obligations 
•  Last report submitted on: 20.04.2021. 
Compliant with reporting 
obligations 
•  Last report submitted on: 18.03.2019. 
•  Next report due on: November 2025. 
Compliant with reporting 
obligations 
•  Last report submitted on: 31.01.2019. 
•  Next report due on: 03.12.2025. 
Compliant with reporting 
obligations 
•  Last report submitted on: 12.11.2019. 

Labour conventions (39) 
8. Convention concerning Forced or 
Compulsory Labour, No. 29 

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 

Ratified: 31.03.1992 
Protocol to the 
Convention: ratified 
on 06.102020 

Compliant with reporting 
obligations 
•  Latest CEACR comments: 2020. 
•  Latest report received in 2022. 
•  Next regular report due in 2025. 

Ratified: 31.03.1992  Compliant with reporting 

obligations 
•  Latest CEACR comments: 2021. 
•  Latest report received in 2021. 
•  Next regular report due in 2024. 

Ratified: 31.03.1992  Compliant with reporting 

obligations 
•  Latest CEACR comments: 2021. 
•  Latest report received in 2021. 
•  Next regular report due in 2024. 

Ratified: 31.03.1992  Compliant with reporting 

obligations 
•  Latest CEACR comments: 2020. 
•  Latest report received in 2020. 
•  Next regular report due in 2023. 

Ratified: 18.02.1999  Compliant with reporting 

obligations 
•  Latest CEACR comments: 2020. 
•  Latest report received in 2022. 
•  Next regular report due in 2025. 

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

Ratified: 31.03.1992  Compliant with reporting 

obligations 
•  Latest CEACR comments: 2020. 
•  Latest report received in 2020. 

(39)  Reservations  do  not  apply  in  the  ILO  system,  so  there  is  no  relevance  to  providing  information  on 

reservations under each of these conventions. 

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Convention 

Ratification status 
Reservations 

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

Ratified: 31.03.1992 
Minimum age: 16 
years 

Compliance with reporting 
obligations to monitoring bodies 
•  Next regular report due in 2023. 
Compliant with reporting 
obligations 
•  Latest CEACR comments: 2020. 
•  Latest report received in 2022. 
•  Next regular report due in 2025. 

15. Convention concerning the 
Prohibition and Immediate Action for 
the Elimination of the Worst Forms 
of Child Labour, No. 182 

Environmental conventions 
16. Convention on International 
Trade in Endangered Species of Wild 
Fauna and Flora 

Ratified: 10.05.2004  Compliant with reporting 

Acceded: 02.09.2007 
No reservations 

obligations 
•  Latest CEACR comments: 2020. 
•  Latest report received in 2022. 
•  Next regular report due in 2025. 

Compliant with reporting 
obligations 
•  Last (2022) Annual Report 

submitted on 30.12.2022 (ahead of 
time; due 31.10.2023). 

•  Annual reports for 2016-2021 also 

submitted.  

•  2022 Annual Illegal Trade reports 
submitted. 2016-2021 reports not 
submitted (40). 

•  Biennial or Implementation Reports 
(IR) lagging behind. Last (2015-17) 
IR submitted on 02.11.2018. No 
prior IR submitted. IR on 2018-2020 
was due 05.03.2021 (41). 

17. Montreal Protocol on Substances 
that Deplete the Ozone Layer 

Acceded: 31.05.2000 
No reservations 

Compliant with reporting obligations 
•  Annual data for 2022 and prior years 

18. Basel Convention on the Control 
of Transboundary Movements of 
Hazardous Wastes and their Disposal 

Acceded: 13.08.1996 
No reservations 

19. Convention on Biological 
Diversity 

Acceded: 06.08.1996 
No reservations 

20. The United Nations Framework 
Convention on Climate Change  

Acceded: 25.05.2000 
No reservations 

has been submitted.  

•  ODC and HFC licensing systems in 

place. 

Lack of compliance with reporting 
obligation 
•  National reports (NR) for 2020 and 
2021, due 31.12.2021/2022 have not 
yet been submitted. 

•  Previous NRs submitted, some with 

delay.  

•  Next NR (2022) due 31.12.2023. 
Compliant with reporting obligations 
•  Latest National Report (6NR) 

submitted with delay: 29.03.2019 
(due date was 31.12.2018). 
•  Latest NBSAP submitted on 

18.01.2016. 

Partially compliant with reporting 
obligations  
•  First NDC submitted 18.02.2020. 
•  Updated NDC submitted 

09.10.2021. 

•  Latest NC (NC3) submitted on 

24.01.2017 (NC1 in 2003 and NC2 
in 2008). NC4 not submitted on time 
(NCs due every 4 years). 
•  First Biennial Update Report 

(BUR1) and corresponding National 

(40)  Reporting mandatory, but not subject to compliance procedure. 
(41)  Idem. 

Page | 28 

 
 
 
 
Convention 

Ratification status 
Reservations 

Compliance with reporting 
obligations to monitoring bodies 

21. Cartagena Protocol on Biosafety 

Acceded: 05.10.2005 
No reservations 

22. Stockholm Convention on 
Persistent Organic Pollutants 

Ratified: 12.12.2006 
No reservations 

23. Kyoto Protocol to the United 
Nations Framework Convention on 
Climate Change 
Good governance conventions 
24. United Nations Single 
Convention on Narcotic Drugs 
25. United Nations Convention on 
Psychotropic Substances 
26. United Nations Convention 
against Illicit Traffic in Narcotic 
Drugs and Psychotropic Substances 

Acceded: 13.05.2003 
No reservations 

Acceded: 07.10.1994 
No reservations 
Acceded: 07.10.1994 
No reservations 
Acceded: 07.10.1994 
No reservations 

27. United Nations Convention 
against Corruption 

Ratified: 16.09.2005 
No reservations 

Inventory report (NIR) submitted on 
23.12.2022. 

Lack of compliance with reporting 
obligations 
•  Fourth national report (NR) due 

01.10.2019 not submitted. 
•  Last report (NR3) submitted 
25.01.2016; NR2 in 2011.  

Lack of compliance with reporting 
obligations 
•  Fifth National Report (NR) due 

31.08.2022 not submitted. 

•  4NR due 31.08.2018 submitted 

01.11.2018. 

•  3NR due 31.08.2014 submitted on 
18.01.2018; 2NR and 1NR not 
submitted. 

•  NIP1 submitted in time on 

02.04.2009 and updates to address 
COP4 and COP5 amendments 
submitted (yet overdue) 

•  updates to address COP6-9 not 

submitted 

No reporting obligations 

Compliant with reporting 
obligations 
•  All reports and statistics (incl. 

voluntary ones) provided since 2019. 

Review by INCB 
•  INCB mission took place in 

December 2022. 

•  No indication of non-compliance in 

INCB reports. 

No reporting obligations. Reviewing 
by UNODC & peer review 
•  Latest executive summary published 

in 2017. 

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