Selected Child Labor Measures Adopted by Governments
| Ratified Convention 138 3/ 31/92 |
X |
| Ratified Convention 182 5/11/04
| X |
| ILO-IPEC Associated Member |
X |
| National Plan for Children |
X |
| National Child Labor Action Plan |
|
| Sector Action Plan (trafficking) |
X |
Incidence and Nature of Child Labor
Statistics on the number of working children under the age of 15 in the Kyrgyz Republic are unavailable.[2318] However, the government estimated that 2,000 to 15,000 neglected children were living and working on the streets nationwide, depending on the time of year.[2319] Children work selling goods (such as newspapers, cigarettes and candy), in transportation, loading and unloading goods, collecting aluminum and bottles, begging, cleaning and repairing shoes, washing cars, and selling narcotics.[2320] In southern rural areas, children work in mines. Children allegedly are also pulled out of school to harvest cotton. During summer vacations from school, children also work on commercial tobacco farms.[2321] Some schools have reportedly required students to participate in the tobacco harvest on fields located on school grounds.[2322] Children also are found working on family farms and in family enterprises such as shepherding or selling products at roadside kiosks.[2323]
Children are reported to work as prostitutes in urban areas throughout the country.[2324] The Kyrgyz Republic is considered to be primarily a country of origin and transit for the trafficking of children. While the extent of the problem is unknown, there are reports of girls trafficked for prostitution to the United Arab Emirates, Turkey, and South Korea.[2325] The IOM reported girls as young as 10 years old are trafficked abroad.[2326]
The Constitution establishes free and compulsory education up to the secondary level, which is generally completed by the age of 14.[2327] In 2001, the gross primary enrollment rate was 102.0 percent, and the net primary enrollment rate was 82.5 percent.[2328] Gross and net enrollment ratios are based on the number of students formally registered in primary school and therefore do not necessarily reflect actual school attendance. Recent primary school attendance rates are not available for the Kyrgyz Republic. The national economic crisis continues and declining family incomes have led to an increase in the number of children to drop out of school and take up work.[2329] In April 2003, the government passed a law on education to help the country meet mandatory basic education standards.[2330] Even so, residence registration limits access to education and other social services for refugees, migrants, internally displaced persons, and non-citizens.[2331] Numerous studies carried out by international aid agencies found the number of out-of school children is higher than officially reported because long-term non-attendance of school or “hidden-dropout” is not taken into account.[2332]
Quality of education is poorest in rural areas. Rural schools account for over 80 percent of all schools in the country.[2333] Educational reforms have shifted the burden of financing education to regional authorities and families, often resulting in the inability of low-income families to pay for their children’s school supplies and other administrative fees.[2334] Approximately 10 percent of children have access to pre-school education, dramatically reducing children’s preparedness for school, and not all school-aged children have access to secondary education.[2335] In 2001, a national survey on primary education quality found that 80 percent of primary schools lacked textbooks for all students, requiring students to purchase or rent textbooks, and 70 percent lacked teacher’s guides.[2336] Wages of teachers start at the equivalent of USD 7 per month and are among the lowest paid in the world. This has impacted the ability to attract and retain professionals to the education sector, and affects the ability of schools to even provide all compulsory subjects.[2337] The severe deterioration of school buildings and lack of heat in winter months have closed schools. Without improvements in school infrastructure, improving teachers’ performance and access to school materials will have little impact.[2338]
Child Labor Laws and Enforcement
The Labor Code sets the minimum age for employment at 16 years. Children who are 14 may work with parental consent, provided that work does not interfere with school attendance or pose a threat to the child’s health and development.[2339] The Labor Code prohibits children under 18 years from working overtime hours or at night.[2340] Hazardous work is also prohibited for children under 18 years.[2341] The penalty for preventing a child from attending school ranges from a public reprimand to one year of forced labor.[2342] Both the Constitution and the Labor Code prohibit forced labor under most circumstances.[2343] Unfortunately, aspects of the Labor Code are contradictory.[2344] There are also many omissions and gaps pertaining to definitions of unhealthy and dangerous work.[2345] The Criminal Code provides for punishments up to 8 years in prison for the recruitment of adults and children for exploitation. According to Article 125, the restriction of freedom, unrelated to kidnapping, for adults and children can be punished with 7 to 10 years imprisonment.[2346]
The Prosecutor’s Office is responsible for enforcing child labor laws as well as monitoring the Ministry of Labor and Social Protection Inspectorate’s activities.[2347] The government does not have a defined national child labor policy, administrative structures, or resources to effectively monitor or enforce child labor law.[2348] The Ministry of Internal Affairs (MVD) police has a division of child inspectors mandated to enforce child-related laws. The MVD runs two poorly equipped juvenile rehabilitation centers. During 2003, 1,203 street children were taken to these centers or returned to their families.[2349]
A violation of labor laws is punishable by a fine of up to USD 120 or a ban from working in particular occupations for up to 5 years.[2350] The Criminal Code forbids the recruitment of individuals for exploitation, the trading or selling of children, and coercion into prostitution.[2351] According to IOM, weak legislation and a lack of coordination between government ministries results in the prosecution of few crimes related to the trafficking of people.[2352] In August 2003, the government criminalized trafficking through an amendment to the Criminal Code, punishable by up to 20 years imprisonment.[2353] From 2001 to 2003, 10 people were convicted of child trafficking, and 36 people have been convicted of crimes related to the production of child pornography, child prostitution, and sexual actions against children.[2354]
Current Government Policies and Programs to Eliminate the Worst Forms of Child Labor
Representatives from the Government of the Kyrgyzs Republic participated in an assessment mission carried out by ILO-IPEC in May 2004 where preliminary information was gathered about the child labor situation in Central Asia.[2355] As a result, USDOL provided funding to ILO-IPEC for a sub-regional project that will further build capacity of national institutions to eliminate the worst forms of child labor in the Kyrgyz Republic and share information and experiences across the sub-region.[2356]
Since March 2004, the Government of the Kyrgyz Republic funds the Secretariat of the National Council to Combat Trafficking that was previously funding by an international organization.[2357] Over 900 justice and police personnel participated in training on trafficking issues in 2003.[2358]
The government’s inter-ministerial body known as the New Generation program monitors child rights, addressing neglected children, the rising number of working children, and children without family care.[2359] The program is housed within the Ministry of Labor and Social Protection and activities should be carried out until 2010.[2360]
Addressing child poverty and education has been given priority in Kyrgyzstan’s National Poverty Reduction Strategy as well as in the World Bank’s Country Assistance Strategy for the Kyrgyz Republic.[2361] In early 2004, the government provided support for an education development project that will focus on improving sustainability of school facilities, improving quality and availability of school materials, and further developing a learning assessment system to effectively measure students’ educational attainment.[2362] USAID is supporting the Basic Education Strengthening Program (2003-2006) that is improving in-service teacher training; learning material and textbook development; parent and community involvement in education management; capacity of school administration; and school infrastructure rehabilitation.[2363] Through this program, community education committees were established and linked to pilot schools that will undergo infrastructure improvements. Beginning in 2004, these pilots will serve as training and resource hubs for other schools in the surrounding areas.[2364] The U.S. Department of Agriculture is also working with the government as part of a global effort to provide meals for schoolchildren.[2365]
The Government of the Kyrgyz Republic has established on-going national education programs such as Araket (1998-2005), Jetkincheck, and Kadry XXI Veka, which provide school supplies or other educational benefits for low-income families.[2366] Local community efforts have enabled some 11,000 children access to better quality education by improving the infrastructure of 36 schools in 4 rural areas of Nayrn province.[2367]
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