Committee on Economic, Social and Cultural Rights

Seventy-sixth session

Summary record (partial)* of the 38th meeting

Held at the Palais Wilson, Geneva, on Friday, 13 September 2024, at 10 a.m.

Chair:Ms. Crăciunean-Tatu

Contents

Consideration of reports:

(a)Reports submitted by States parties under articles 16 and 17 of the Covenant (continued)

Fourth periodic report of Kyrgyzstan (continued)

The meeting was called to order at 10 a.m.

Consideration of reports:

(a)Reports submitted by States parties under articles 16 and 17 of the Covenant(continued)

Fourth periodic report of Kyrgyzstan (continued) (E/C.12/KGZ/4; E/C.12/KGZ/Q/4; E/C.12/KGZ/RQ/4)

At the invitation of the Chair, the delegation of Kyrgyzstan joined the meeting.

A representative of Kyrgyzstan, resuming his delegation’s replies to the questions raised at the previous meeting, said that the principle of the independence of the judiciary was enshrined in the Constitution. Steps taken to uphold the principle included raising judges’ salaries and introducing automated information and case assignment systems in courts.

A representative of Kyrgyzstan said that the constitutional restriction on activities contrary to moral and ethical values and public conscience was designed to ensure transparency in the financial and commercial dealings of political parties, trade unions and public organizations; it was not applicable to journalists and other media professionals.

A representative of Kyrgyzstan said that the Social Fund continued to work actively to introduce pension schemes for citizens working in other countries. A total of 82 citizens were currently receiving a pension under the Agreement on Pension Provision for Workers of the States Members of the Eurasian Economic Union, which had entered into force on 1 January 2021, and 110 individuals had received a lump-sum payment of pension savings in accordance with the memorandum of cooperation between the Social Fund and the National Pension Service of the Republic of Korea. A similar agreement on pension support had been reached with Türkiye in 2020, a draft agreement had been drawn up with Germany in 2022, and model agreements had been proposed to several other countries.

A representative of Kyrgyzstan said that the bill on trade unions had been shelved after having been vetoed three times by the President and found by the Cabinet of Ministers to be incompatible with certain international labour norms and with domestic laws, including the Constitution. Pursuant to the current Trade Unions Act, trade unions were bound only by domestic law and were independent of the State authorities, employers and political parties. Any interference in their activities that was not provided for by the Act was prohibited.

A representative of Kyrgyzstan said that bride-kidnapping was punishable under the Criminal Code by up to 10 years’ imprisonment and could be prosecuted without the cooperation of the victim. The Ministry of Internal Affairs and other authorities made efforts to raise awareness of the issues of bride-kidnapping and child marriage among parents, legal guardians and other relevant stakeholders through seminars, conferences, round tables, school lectures and the dissemination of information at sporting events. Between 2021 and 2024, there had been a significant reduction in the numbers of reported cases of bride‑kidnapping and child or forced marriage.

Drug use without medical indication was punishable by a fine, the non-payment of which was a criminal offence. In August 2022, the Cabinet of Ministers had approved the Anti-Drug Programme for the period 2022–2026 and its accompanying action plan.

Act No. 63 of 27 April 2017 on Safeguards and Protection against Domestic Violence provided for temporary State protection for victims and punishments for perpetrators. Government Decision No. 390 of 1 August 2019 established procedures for the provision of such protection and for cooperation between relevant State bodies. On 7 August 2024, amendments had been passed to domestic and gender-based violence legislation, expanding definitions and extending the upper limit for temporary protection to 30 days. As part of a special programme implemented with the support of the Organization for Security and Cooperation in Europe, 59 mobile units had been set up to provide assistance in rural areas. An order issued by the Ministry of Internal Affairs and the Ministry of Health in December 2022 provided for the reporting of injuries caused by domestic violence.

A representative of Kyrgyzstan said that, thanks to State housing programmes, 9,021 families had been provided with housing worth more than 16 billion soms. The nationwide “My Home” programme for the period 2021–2026 provided for the granting of preferential mortgages to public sector employees, social mortgages to multi-children families, single mothers and young professionals in rural areas, and special mortgages to private sector employees and migrants, among other groups. Applications to the State Mortgage Company had increased significantly, illustrating the high level of interest in the programme among citizens. Plots of land had been set aside for construction across the country, with priority being given first to cities and then to towns of regional importance. In 2024, construction had begun on 126 multistorey apartment blocks with a combined floor space of 14,700 square metres, at a cost of 24 billion soms.

A representative of Kyrgyzstan said that there were 2,861 registered orphans in the country. In March 2024, a programme had been launched to provide each orphan with more than 500,000 soms in State support, accessible by them up to the age of 18, to enable them to afford health services and education. A total of 271 million soms in State funding had been allocated to the programme.

A representative of Kyrgyzstan said that a domestic law on water resources management stipulated the roles of central and local authorities in that regard. The purpose of the law was to ensure safe and sustainable access to drinking water for all citizens and the protection of water resources and the environment in general. Under the Development Strategy for the Drinking Water Supply and Wastewater Disposal System for Settlements for the period up to 2026, several projects were being carried out to construct and restore water supply systems with the support of international financial institutions, including the World Bank and the Asian Development Bank. Such systems had so far been constructed in 135 localities.

A representative of Kyrgyzstan said that numerous pieces of domestic legislation offered protections against child labour, including the Labour Code, the Criminal Code and the Children’s Code, which set out a list of occupations prohibited for children. Further protection was provided through Regulation No. 391 on procedures for the identification of children and families in a difficult life situation, and by the Commission on Children’s Affairs. Labour inspections were carried out in restaurants, shopping centres and markets, and steps were taken to raise awareness among employers, employees and parents. In 2023, several hundred businesses had been raided as part of efforts to combat child labour. A total of 236 children had been found to be illegally employed. However, there had been no identified cases of slavery.

A representative of Kyrgyzstan said that Kyrgyzstan was a mountainous agrarian country whose main agricultural products included meat, milk, fruit and vegetables, sugar and flour. The Concept of Agrarian Development of the Kyrgyz Republic until 2025 had been adopted to promote food security by enhancing farming capacity. Agricultural businesses were supported through preferential loans and leasing, and drip irrigation systems had been put in place to increase the amount of arable land. In 2022 and 2023, funds had been allocated to improving irrigation systems and infrastructure so as to minimize water loss. The goals of the Food Security and Nutrition Programme for the period 2024–2028 included awareness-raising, stimulating the production of basic foodstuffs, enhancing access to those foodstuffs for vulnerable groups, creating enabling conditions to reduce illnesses linked to poor nutrition, and training relevant health professionals.

The Monitoring and Forecasting Department of the Ministry of Emergency Situations carried out quarterly natural disaster monitoring and forecasting activities and worked to identify at-risk areas, in order to inform the adoption of preventive measures by State bodies. Information on natural disasters was disseminated through government and private media channels. The Government had set up an early warning system to alert the population of hazards 3 to 10 days in advance. It had also built dams and other water-related protective structures, refurbished other infrastructure and organized events to raise awareness of water‑related incidents. With the participation of civil society organizations, a number of ministries were providing comprehensive training on the prevention of and response to natural disasters. Between 2015 and 2020, natural disasters had caused direct economic losses amounting to approximately 12.6 billion soms. Subject to the approval of the Cabinet of Ministers, material reserve funds were used to respond to requests for support from local government bodies and to provide basic foodstuffs such as oil and sugar. In 2023, the Ministry of Emergency Situations had adopted the methodology for damage and loss assessment of the Food and Agriculture Organization of the United Nations to evaluate the impact of disasters on the agriculture, fisheries and forestry sectors. Furthermore, measures had been taken to protect livestock and provide material compensation for significant losses. In response to recent mudslides, three categories of support had been provided to victims to fund structural repairs: 27 families had received 1 million soms, 51 families had been given 500,000 soms, and 235 families had been compensated to the tune of 100,000 soms.

A representative of Kyrgyzstan said that all citizens had an inalienable right to health care, a right mentioned no fewer than 13 times in the Constitution. Since 2013, following a change of policy, citizens had been able to access health-care services in any polyclinic nationwide, rather than just their local facility. In accordance with the State Guarantee Programme for the provision of health care, discounts on medical goods and services, including contraceptives, were offered to minors, pensioners, unemployed persons, students and recipients of State benefits, among other groups.

The State budget provided 90 per cent of the funding for HIV treatment programmes. To ensure access to treatment, specialized teams had been created to procure the necessary drugs directly from producers, in cooperation with international organizations such as the Global Fund to Fight AIDS, Tuberculosis and Malaria. In line with the test-and-treat principle, treatment was provided as soon as possible after a positive test, regardless of the patient’s viral load. Hospitals and polyclinics dispensed antiretroviral medicines for periods of up to six months at a time, allowing patients to continue with their lives without having to remain nearby. HIV self-test kits were available free of charge online and in pharmacies. The Government had introduced a mechanism to monitor and evaluate the accessibility and quality of HIV services, and it was endeavouring to reduce stigma and discrimination against persons living with HIV. It had also recently sanctioned three separate pay rises for various health professionals to prevent staff shortages, particularly in remote and rural areas.

A representative of Kyrgyzstan said that Kyrgyzstan had acceded to the United Nations Framework Convention on Climate Change in 2000. The Sustainable Development Goals had been placed at the heart of government policy and incorporated into the National Development Strategy for the period 2018–2040, which provided for measures to foster a competitive economy with a focus on innovative and environmentally friendly technologies. Energy and transportation were two of the seven priority sectors that had been identified in the Green Economy Development Programme as being key to the transition to a green economy. Accordingly, the Government was taking active legislative and other steps to promote electric transport and low-carbon energy sources, which accounted for close to 90 per cent of the country’s energy production. Those steps included developing charging infrastructure for electric vehicles, simplifying the procedure for having a charging point installed, and approving an investment project to build a 400-megawatt solar power plant. The Government had also adopted a decree introducing extended producer responsibility for packaging and was promoting a circular economy as part of its commitment to upholding citizens’ constitutional right to a clean, healthy and sustainable environment.

A representative of Kyrgyzstan said that, while the country’s maternal mortality ratio remained among the highest in the region, it had declined in recent years. Every maternal death was analysed by a commission; gynaecology and midwifery had been included in primary care, to ensure that all women had access to relevant services; a perinatal centre equipped with the latest technology had started operating in Bishkek in February 2024; and steps had been taken to optimize the services provided to pregnant women and newborn children in maternity facilities. Systems had been put in place for pregnancy referral and the issuance of medicines to pregnant women from at-risk groups. Moreover, efforts had been made to exchange best practices and experiences with neighbouring countries in the fields of gynaecology and midwifery. All care for pregnant women was covered by State insurance and was thus provided free of charge.

All citizens fighting drug abuse or dependence had the right to receive primary and specialized medical care, including rehabilitation and outpatient psychiatric treatment. The Government worked closely with non-governmental organizations on the treatment of drug abusers and had developed modern clinical protocols and guidelines that were subject to expert review. Since 2022, a programme had been in place for the treatment of opioid dependence. There were currently 24 methadone treatment sites throughout the country, including 15 attached to health organizations and 9 in the prison system. All sites had the necessary equipment, and all participants received methadone free of charge. Where mental health problems arose, patients received treatment under the system of State-guaranteed benefits. Newspaper columns and other media channels were used to raise awareness of the programme and ways to access it.

A representative of Kyrgyzstan said that, to mitigate the socioeconomic impact of the coronavirus disease (COVID-19) pandemic, the Government had adopted a crisis response plan, thanks to which, in the first two months of 2022, real gross domestic product had expanded significantly. A spike in global geopolitical tensions at the end of February 2022 had forced the Government to revise the plan’s objectives and take swift measures to ensure socioeconomic stability. Commodity price volatility had been mitigated through the temporary procurement of specific products using the State’s material reserve funds, and manufacturing businesses had been allowed to convert foreign currency loans to local currency. The Government had also concluded agreements with trading partners to reduce the impact of exchange rate fluctuations. To date, 126 billion soms had been allocated to the implementation of the plan, under which preferential loans were granted to farmers to purchase farming supplies and repair irrigation systems.

A representative of Kyrgyzstan said that the proportion of the population living below the nationally defined poverty line had fallen from 37 per cent in 2013 to 20.1 per cent in 2019, before a combination of the COVID-19 pandemic and global political instability, among other factors, had caused it to rise again, reaching 29.8 per cent in 2023, with the extreme poverty rate standing at 5 per cent.

The number of Kyrgyz migrants in the Russian Federation had dropped below 334,000. Various State programmes were in place to promote financial literacy and facilitate the economic and social reintegration of returnees, with the support of the International Organization for Migration and other international partners. Earlier that month, Kyrgyzstan had officially endorsed the Global Compact for Safe, Orderly and Regular Migration. In 2023, it had submitted its second periodic report under the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Refugees and members of their families enjoyed freedom of movement throughout the national territory, with the exception of areas closed to foreigners. They had the right to acquire property under the same conditions as stateless persons and foreign nationals holding a residence permit; to request information from the State authorities regarding property left behind in their country of origin; to receive qualified legal support in civil, criminal and other matters; to participate in employment, including entrepreneurial activities, without the need for a special permit; and to receive the same medical services as citizens. There were currently 150 refugees in the country.

Mr. Nonthasoot (Country Task Force), noting reports that the State party’s drug laws failed to distinguish between social distribution and wholesale drug dealing, said that it would be useful to know whether law enforcement officers received training on drug policy.

He wished to know why gender-affirming care was available only to people over 25, when it had previously been available to everyone, and why, since 2021, individuals who underwent gender reassignment were forced to go through a court procedure in order to have their gender legally recognized.

He wished to find out whether the State party had a time-bound plan for providing the entire population with access to water. He would also like to know the status of the bill reportedly introduced in 2023 to implement the Convention on the Rights of Persons with Disabilities and the expected time frame for the State party to be in full compliance with the requirements of that convention.

Ms. Rossi (Country Task Force) said that, in the light of reports received by the Committee that abortion services were available only in specialized hospitals, generally located in large cities, she wished to know what steps the State party was taking to ensure that women in all parts of the country had access to such services.

A representative of Kyrgyzstan said that the penalty for drug use was just a fine of 1,000 soms or 20 hours of community service. The manufacture of drugs, on the other hand, was punishable by fines reaching 20,000 soms or terms of imprisonment of up to 5 years. The mere use of drugs had as yet never resulted in criminal prosecution. With support from the Organization for Security and Cooperation in Europe, law enforcement officers received training annually in how to combat drug trafficking, and regular in-service training was also provided.

A representative of Kyrgyzstan said that a bill on the rights of persons with disabilities, which was in line with the provisions of the Convention on the Rights of Persons with Disabilities, had been prepared and was under review.

A representative of Kyrgyzstan said that the minimum age for undergoing a sex reassignment procedure had been raised on the basis of academic research and international practice, which indicated that people reached psychological and cognitive maturity, and were therefore able to fully think through their decisions, only at the age of 25. By raising the minimum age, the Government sought to prevent young people from making impulsive decisions about sex reassignment.

Drinking water was already available in 835 of the 1,906 settlements or localities in Kyrgyzstan, and it would be available in another 210 in the near future. The Government was working with the World Bank Group and the Asian Development Bank to secure the funding needed to ensure access to safe water for the remaining localities. Under a State programme on health-care guarantees for the public, women wishing to have an abortion for medical reasons or because of social factors could do so at no or reduced charge as outpatients, at primary-care facilities or in hospitals. To increase the number of trained specialists around the country, the Government was taking steps such as raising salaries and asking municipalities to help defray health professionals’ housing costs.

A representative of Kyrgyzstan said that, between 2014 and 2023, water-related infrastructure had been installed in 294 populated localities, giving 684,000 people access to drinking water. Construction work was under way in over 1,070 localities. In addition, work was being planned to rehabilitate the water supply systems of 40 villages and three cities with funding from domestic and foreign investors.

Mr. Abashidze (Country Task Force) said that he wished to find out whether there were enough schools in the country, whether any new schools were being built or old ones repaired, whether any schools held classes in the afternoon, and how the State party planned to reduce class sizes. He wondered whether parents incurred any indirect costs, such as textbook fees, for their children’s education. He would like to know whether the State party planned to introduce free school buses in areas where children lived far from school and to provide free school meals for all students. Information on the availability of drinking water and heating in schools would also be helpful.

He wished to find out what the State party was doing to improve students’ academic performance, particularly that of children with disabilities, children from poor families and girls, and how many children from the Uzbek ethnic group had benefited from multicultural and multilingual education over the previous five years. It would be helpful to know what amounts had been allocated for teacher salaries under the budget, and whether the State party was taking steps to ensure that students had access to the Internet at home.

He would like to find out what the State party was doing to protect the cultural rights of ethnic groups, what the status of the bill on freedom of worship and religious associations was, and whether that bill contained any discriminatory provisions. He asked what the budget for preschool education was and whether education at that level was no longer free, given the involvement of the private sector in it. He would be grateful for further information on the legislation on inter-ethnic relations recently adopted by the State party.

The meeting was suspended at 11.30 a.m. and resumed at 11.45 a.m.

A representative of Kyrgyzstan said that school curricula could include up to seven hours of instruction a week in the Uzbek language and up to two hours of instruction in Uzbek literature. At the university level, the language of instruction was Kyrgyz or Russian; the study of Uzbek was possible only through philology and linguistics departments, and only 50 places were available in Uzbek programmes. Approximately 61 per cent of the 44,000 to 51,000 students who sat the State-wide university entrance examination annually took it in Kyrgyz, and 39 per cent took it in Russian.

International Mother Language Day was celebrated in the country each year, with different ethnic communities holding events in their native languages. The number of schools in the country had increased by 27 over the previous year to 2,377, of which 2,173 were public and 204 were private. There were 1,491,000 students in the first to eleventh grades, 43,000 more than in 2023. There were five languages of instruction in Kyrgyz schools: Kyrgyz, Russian, Uzbek, English and Tajik. The previous school year, instruction at 1,668 schools had been in only one language: Kyrgyz in 1,368 schools, Russian in 274 schools, Uzbek in 18 schools and English in 5 schools. According to statistics from the Ministry of Education and Science, 602 schools provided instruction in two or more of the following languages: Kyrgyz, Russian, Uzbek and Tajik.

In 2022, salaries had been increased by 80 per cent for teachers teaching lower grades and by 100 per cent for teachers teaching higher grades. The salaries of those teaching lower grades had risen from 11,000 soms in 2018 to 24,400 soms in 2024, and university professors’ salaries had gone from 16,600 to 32,000 soms. In September 2023, school directors’ salaries had been increased by 50 per cent. Allocations under the State budget had amounted to 186 million soms in 2023 and 558 million soms in 2024.

There were 180 schools under construction, 157 of which were being built with State funds, one with private funds and some 20 under various projects and grants. Forty educational facilities (23 schools and 17 kindergartens) had opened in September 2024. Of the schools in the country, 1,179 were heated by coal, 706 had electric heating, 211 had central heating, 58 had hybrid heating systems and 223 had gas heating. Of the 1,678 kindergartens in the country, 1,004 were heated by coal, 425 had electric heating, 160 had central heating, 68 had hybrid heating systems and 21 had gas heating. By decision of the Cabinet of Ministers, school heating costs were fully funded from the State budget.

Discussions on the bill on freedom of worship and religious associations, which had begun as an initiative of the State Commission on Religious Affairs, had been held with the Spiritual Directorate of Muslims of Kyrgyzstan, jurists and the country’s ulama council. The bill would not, as some had claimed, prohibit the wearing of veils in public places such as schools and hospitals. Under the bill, members of religious associations would be required to behave according to ethical standards and have a neat appearance that allowed them to be identified.

A representative of Kyrgyzstan said that in 98 per cent of primary schools, hot meals were served to students in the first four grades. The meals, which were prepared in accordance with the standards set by the Ministry of Health, were nutritionally balanced and varied, and their calorific content had been increased. School canteen infrastructure was upgraded on a regular basis. The annual financial allocation for school meals stood at 1 billion soms. Although some schools still lacked clean drinking water, funding had been set aside to install water fountains.

In September 2024, 50 buses had been provided to schools in hard-to-reach areas. Public transport routes in such areas were designed to ensure that children could travel to school, and children’s fares were heavily discounted or, in some cases, paid by the local authorities.

A presidential decree had been issued prohibiting bribery in school settings, and a proposal was before parliament to make it a criminal offence.

A representative of Kyrgyzstan said that the number of children of preschool age attending education had risen by 2 per cent in one year, to just below 29 per cent of children in that age group. The authorities hoped to increase that number to 40 per cent in the near future. Under a Government expansion programme, an additional 151 home-based childcare facilities had been set up and 500 kindergartens had been opened, with a further 14 planned. A joint project with the United Nations Children’s Fund had enabled 10,000 children to attend almost 250 kindergartens. Special construction norms providing for the placement of preschool facilities on the ground floor and first floor of multistorey buildings would lead to an increase in coverage. Five hundred kindergartens had been established under the World Bank “Learning for the future” project. A number of other facilities were being refurbished and upgraded. In 2024, funding for preschools had been increased by 6 per cent compared to the previous year.

A representative of Kyrgyzstan said that the bill on freedom of worship and religious associations contained no provisions that promoted discrimination against religious groups, and there were no limitations on religious activities other than house-to-house proselytization. Under the bill, religious proceedings would be permitted to be conducted only by specially trained individuals who had registered with the relevant authorities.

A representative of Kyrgyzstan said that offices had been opened in 23 multi-ethnic districts to provide assistance if conflicts arose. The offices also engaged in monitoring and prevention activities, with the aim of improving relations between ethnic groups. A presidential decree issued in 2020 set out State policy in the area of inter-ethnic relations. A bill on the status of the People’s Assembly was currently before parliament. The Ministry of Culture, Information, Sports and Youth Policy was making efforts to encourage unity and cohesion. An action plan on ethnic identities was in place for 2021 to 2026, and an interministerial committee had been set up to coordinate the activities of the various bodies that were responsible for implementing the plan.

A representative of Kyrgyzstan said that efforts were being made to increase access to inclusive education for students with disabilities. The right to education for everyone was enshrined in the Constitution, and a number of laws had been passed to ensure that right for persons with disabilities. Specialized educational facilities were available for, among others, students with visual, hearing or physical impairments.

Although 96 per cent of schools now had access to the Internet, some connectivity problems persisted in rural areas.

Mr. Abashidze said that he would be interested to know whether the authorities monitored school enrolment and dropout rates among girls and, if so, what those rates were.

Ms. Rossi said that she wished to know what action the State party had taken in follow-up to the recommendation made to it by the Committee on the Elimination of Discrimination against Women concerning the adoption of a law on a national care system to address the disproportionate share of unpaid domestic and care work performed by women. She would welcome more information on whether the right to childcare leave would be extended to fathers and other caregivers.

She would be interested in the delegation’s comments on reports that the Longhai Road and Bridge Corporation had not paid the salaries of workers employed in the construction of a highway. The delegation might also provide information on the additional reporting requirements imposed on trade unions that were designated as foreign agents, in violation of the International Labour Organization Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

The meeting was suspended at 12.15 p.m. and resumed at 12.30 p.m.

A representative of Kyrgyzstan said that, under the legislation in force, any non‑profit organization, including trade unions, that engaged in political activity partially or fully funded by foreign funds must make a declaration to that effect and be entered on the register of non-profit organizations maintained by the Ministry of Justice. The relevant legislation had been enacted on 9 September 2024, and organizations had been given two months to comply with it.

A representative of Kyrgyzstan said that childcare leave was available to anyone who cared for a child, including fathers and grandparents. Such leave was regulated by law, and persons availing themselves of it retained their employment.

A representative of Kyrgyzstan said that the Constitution and the Education Act guaranteed the right to education for all children, irrespective of gender. The Government had introduced several programmes to support girls’ education, particularly in rural areas. The vast majority of girls in Kyrgyzstan attended school, and in the lower grades the gap between boys’ and girls’ attendance was negligible. According to information from the National Statistics Committee, the school enrolment rate for girls was almost equal to that for boys. Students were no longer permitted to leave education after the ninth grade but instead must enrol in a college or equivalent establishment.

A plan had been developed and would be monitored in follow-up to the recommendation made by the Committee on the Elimination of Discrimination against Women.

A representative of Kyrgyzstan said that, following complaints from workers, it had been established that, on a number of occasions, Longhai Road and Bridge Corporation had not paid its employees, particularly those based in mountainous areas. The Ministry of Labour, Social Security and Migration had carried out inspections and issued a directive, and all wage arrears had been settled.

Mr. Caunhye (Country Rapporteur) said that the Committee appreciated its fruitful and constructive dialogue with the delegation on the pressing issues the State party faced in its implementation of the Covenant.

The discussion covered in the summary record ended at 12.40 p.m.