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23 August 2000
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CESCR
23rd session
23 August 2000
Afternoon
The Committee on Economic, Social and Cultural Rights this afternoon continued with its deliberations on the initial report of Kyrgyzstan on how that country was complying with the rights guaranteed in the International Covenant on Economic, Social and Cultural Rights.
Answering questions from the Committee experts, a Government delegation from Kyrgyzstan spoke about, among other issues, favourable working conditions, including the practice of child labour, Kyrgyzstan's social security system, and the unemployment situation following the economic crisis of 1998.
The delegation said employers were not allowed to hire minors for heavy work or to work in dangerous conditions. They were not allowed to work overtime, either. From ages 14 to 16, children were not allowed to work more than 24 hours a week, and from ages 16 to 18, children were not allowed to work more than 36 hours a week. There was a Government monitoring mechanism in place to ensure against illegal child labour practices.
Because of the economic crisis, unemployment and poverty had increased in recent years, the delegation said, leading the Government to adopt measures to create new jobs, the delegation said. Wages had, however, increased between 2.5 per cent and 3 per cent.
On social insurance, the delegation said there was a single monthly benefit for lower-income people and families, and another benefit for non-able-bodied people. Social benefits did not take into account the degree of need, and fluctuated depending upon the state of the economy.
Committee experts also asked the delegates about Government schemes to reduce unemployment, including cooperation with private sources; work in both the formal and informal sectors; whether a livable minimum wage was paid to workers in Kyrgyzstan; special leave for ill-health and other circumstances; trade unions and the right to strike; forced marriage and violence against women; and polygamy.
When the Committee reconvenes on Thursday, 24 August, at 10 a.m., it will continue its consideration of the initial report of Kyrgyzstan.
Discussion
Asked about Government schemes to reduce unemployment, the delegation said there would be 175,000 people added to the work force every year from 2001 to 2006, and it was estimated that 35 per cent would seek work in the labour market. In the next few years, the State employment service would continue to operate. Private job agencies would not likely be established in the near future.
Pressed for details about "authorized" and "unauthorized" types of work, the delegation said under employment or hidden unemployment was a problem. They were people who were listed as employed, but for some reason were not employed. There were about 70,000 of those workers, who then often had to work in the informal sector. Combatting this would require additional resources, and the Republic's resources were limited now. Government statistics did not count people who had worked part time or who were on administrative leave.
Committee experts asked several questions about working conditions, including what were the most typical violations, requirements for special leave, and minimum wage.
The delegation said a presidential decree established a minimum wage in 1999. It was 80 per cent of the minimum cost of living. The minimum wage was insufficient for anything more than a basic life. It was targeted to go up, but inflation was three times the rate that the Government could afford to increase the minimum wage.
Special leave for ill-health or other maladies was regulated by the labour code. Special maternity leave also gave new mothers time to spend with their children while allowing them to continue working. Mothers of young children were given one day off a month with pay. There were also special measures that enabled people to take time from work to further their education.
Four weeks, the delegation said, was the minimum annual leave entitlement.
The Committee raised queries concerning trade unions, pressing the delegation for information about whether workers were forced to join unions, and whether strikes had been effective in Kyrgyzstan.
The delegation said as of January 1997, trade unions had some 140,000 members in Kyrgyzstan. That number was fewer than before because so many industries had closed down. The unions provided services in the health and education fields. No unions had been banned in the interests of national security or to serve public order.
Strikes were allowed, but would be stopped if it was determined that the public's safety was in question, or if the intention of the strike had not been properly posted.
Asked about the status of child labour, the delegation said it was prohibited to employ minors in heavy work or in dangerous conditions, and they were not allowed to work overtime. From ages 14 to 16, children were not allowed to work more than 24 hours a week, and from ages 16 to 18, not more than 36 hours a week. There was a Government monitoring mechanism to ensure against illegal child labour practices.
Because of the 1998 economic crisis, unemployment and poverty had increased in recent years, leading the Government to adopt measures to create new jobs, the delegation said. Wages had increased between 2.5 per cent and 3 per cent. There was a decree to increases wages for civil servants, nurses and teachers, but that increase was not really providing sufficient remuneration for a normal living standard. The economic situation would gradually stabilize, but it would take time. Teachers were given priority when money came into the budget.
Asked about the social security and social insurance, the delegation said there was a single monthly benefit for lower-income people and families, and another benefit for non-able-bodied people. Social benefits did not take into account the degree of need, and fluctuated depending upon the state of the economy.
State benefits, the delegation continued, were not provided for the able-bodied population, or people without Kyrgyz citizenship.
In April 1998, the Government established a minimal level of consumption social standard, which was based on the budget and was to be recalculated every budgetary cycle.
Committee experts asked about forced marriages and violence against women, particularly domestic violence. The delegation said that the legal marriage age for a person was 18. The penal code provided punishment for forcing a woman into marriage. Further, a woman in a forced marriage could appeal to a court for an annulment. Last year there were eight prosecutions on bigamy or polygamy, 26 for forcing a woman into marriage, and seven for trading in children.
The delegation, responding to a question about polygamy, said it did exist in Kyrgyzstan, and it was prosecuted. It was not a new phenomenon -- it existed in Soviet times as well, but it probably just wasn't so visible. These things came to light when people started to understand what their rights were, and when the country began to accede to the different treaties. Violence against women also existed, but the more people realized they had their human rights protected, the fewer instances there would be. There were now women in higher office who brought up these issues for debate. This was a positive development.
* *** *
23rd session
23 August 2000
Afternoon
The Committee on Economic, Social and Cultural Rights this afternoon continued with its deliberations on the initial report of Kyrgyzstan on how that country was complying with the rights guaranteed in the International Covenant on Economic, Social and Cultural Rights.
Answering questions from the Committee experts, a Government delegation from Kyrgyzstan spoke about, among other issues, favourable working conditions, including the practice of child labour, Kyrgyzstan's social security system, and the unemployment situation following the economic crisis of 1998.
The delegation said employers were not allowed to hire minors for heavy work or to work in dangerous conditions. They were not allowed to work overtime, either. From ages 14 to 16, children were not allowed to work more than 24 hours a week, and from ages 16 to 18, children were not allowed to work more than 36 hours a week. There was a Government monitoring mechanism in place to ensure against illegal child labour practices.
Because of the economic crisis, unemployment and poverty had increased in recent years, the delegation said, leading the Government to adopt measures to create new jobs, the delegation said. Wages had, however, increased between 2.5 per cent and 3 per cent.
On social insurance, the delegation said there was a single monthly benefit for lower-income people and families, and another benefit for non-able-bodied people. Social benefits did not take into account the degree of need, and fluctuated depending upon the state of the economy.
Committee experts also asked the delegates about Government schemes to reduce unemployment, including cooperation with private sources; work in both the formal and informal sectors; whether a livable minimum wage was paid to workers in Kyrgyzstan; special leave for ill-health and other circumstances; trade unions and the right to strike; forced marriage and violence against women; and polygamy.
When the Committee reconvenes on Thursday, 24 August, at 10 a.m., it will continue its consideration of the initial report of Kyrgyzstan.
Discussion
Asked about Government schemes to reduce unemployment, the delegation said there would be 175,000 people added to the work force every year from 2001 to 2006, and it was estimated that 35 per cent would seek work in the labour market. In the next few years, the State employment service would continue to operate. Private job agencies would not likely be established in the near future.
Pressed for details about "authorized" and "unauthorized" types of work, the delegation said under employment or hidden unemployment was a problem. They were people who were listed as employed, but for some reason were not employed. There were about 70,000 of those workers, who then often had to work in the informal sector. Combatting this would require additional resources, and the Republic's resources were limited now. Government statistics did not count people who had worked part time or who were on administrative leave.
Committee experts asked several questions about working conditions, including what were the most typical violations, requirements for special leave, and minimum wage.
The delegation said a presidential decree established a minimum wage in 1999. It was 80 per cent of the minimum cost of living. The minimum wage was insufficient for anything more than a basic life. It was targeted to go up, but inflation was three times the rate that the Government could afford to increase the minimum wage.
Special leave for ill-health or other maladies was regulated by the labour code. Special maternity leave also gave new mothers time to spend with their children while allowing them to continue working. Mothers of young children were given one day off a month with pay. There were also special measures that enabled people to take time from work to further their education.
Four weeks, the delegation said, was the minimum annual leave entitlement.
The Committee raised queries concerning trade unions, pressing the delegation for information about whether workers were forced to join unions, and whether strikes had been effective in Kyrgyzstan.
The delegation said as of January 1997, trade unions had some 140,000 members in Kyrgyzstan. That number was fewer than before because so many industries had closed down. The unions provided services in the health and education fields. No unions had been banned in the interests of national security or to serve public order.
Strikes were allowed, but would be stopped if it was determined that the public's safety was in question, or if the intention of the strike had not been properly posted.
Asked about the status of child labour, the delegation said it was prohibited to employ minors in heavy work or in dangerous conditions, and they were not allowed to work overtime. From ages 14 to 16, children were not allowed to work more than 24 hours a week, and from ages 16 to 18, not more than 36 hours a week. There was a Government monitoring mechanism to ensure against illegal child labour practices.
Because of the 1998 economic crisis, unemployment and poverty had increased in recent years, leading the Government to adopt measures to create new jobs, the delegation said. Wages had increased between 2.5 per cent and 3 per cent. There was a decree to increases wages for civil servants, nurses and teachers, but that increase was not really providing sufficient remuneration for a normal living standard. The economic situation would gradually stabilize, but it would take time. Teachers were given priority when money came into the budget.
Asked about the social security and social insurance, the delegation said there was a single monthly benefit for lower-income people and families, and another benefit for non-able-bodied people. Social benefits did not take into account the degree of need, and fluctuated depending upon the state of the economy.
State benefits, the delegation continued, were not provided for the able-bodied population, or people without Kyrgyz citizenship.
In April 1998, the Government established a minimal level of consumption social standard, which was based on the budget and was to be recalculated every budgetary cycle.
Committee experts asked about forced marriages and violence against women, particularly domestic violence. The delegation said that the legal marriage age for a person was 18. The penal code provided punishment for forcing a woman into marriage. Further, a woman in a forced marriage could appeal to a court for an annulment. Last year there were eight prosecutions on bigamy or polygamy, 26 for forcing a woman into marriage, and seven for trading in children.
The delegation, responding to a question about polygamy, said it did exist in Kyrgyzstan, and it was prosecuted. It was not a new phenomenon -- it existed in Soviet times as well, but it probably just wasn't so visible. These things came to light when people started to understand what their rights were, and when the country began to accede to the different treaties. Violence against women also existed, but the more people realized they had their human rights protected, the fewer instances there would be. There were now women in higher office who brought up these issues for debate. This was a positive development.
* *** *