Kyrgyzstan: Increased Disturbance in Profession Union Activities – Take Out Restrictive Bill; Ensure Right to Organize

(Bishkek )– Kyrgyz authorities have actually boosted analysis of trade union leaders, including with criminal examinations, and are unduly conflicting in genuine profession union activities in the country, Civil rights Watch said today.On November 21

, 2020, the Office of the Prime Minister barred the country’s main profession union body, the Federation of Profession Unions of Kyrgyzstan, from holding its December 4 congress, when elections for the setting of chairperson were prepared.

“Kyrgyzstan’s management must respect the right of trade unions to link and also organize easily, not meddle in inner profession union tasks and procedures,” said Syinat Sultanalieva, Central Asia researcher at Civil rights Watch. “They ought to permit the Federation of Profession Unions of Kyrgyzstan to arrange their congress without any more federal government interference or hold-up.”

Kyrgyz authorities have actually increased their scrutiny of profession union participants of the federation over the in 2014. In October 2019, parliament created a compensation entrusted with the unclear required of “examining the application of the profession union regulation” in Kyrgyzstan. Eldiyar Karachalov, chair of the trade union of construction workers, a union participant of the federation, said that the compensation asked trade union leaders to supply substantial details regarding their business, economic, and economic activities.Trade union leaders have resisted giving such details to the legislative compensation, contending that the demand is unjustified federal government interference. Article 4 of Kyrgyzstan’s Law”On Profession Unions,”most just recently revised in 2004, gives that trade unions ‘activities are to be independent of government. The parliamentary compensation bought the federation to

terminate its upcoming congress until the compensation’s “research “is complete. The choice, which Human Rights Watch has actually seen, was approved by Kyrgyzstan’s vice prime minister on November 21. Initiatives by the federation to reschedule its congress have been not successful. Avoiding profession unions from holding meetings or a congress, particularly on doubtful lawful authority, goes against trade union legal rights and is incompatible with international labor and human rights standards, Human Rights Watch said.In February, trade union participants of the federation voted to eliminate the then-chairperson, Mirbek Asanakunov, from

office and elected his replacement, Rysgul Babaeva, to prosper him. Asanakunov unsuccessfully brought two court obstacles versus the federation’s choice, in February as well as March.According to participants of the Central Asia Labour Legal Right Checking Objective, a network of Main Eastern and also global trade union and civils rights groups, considering that February, police authorities in Bishkek have actually launched over 50 criminal investigations into trade union activists entailing interrogations as well as searches of their residences, based on claims made by Asanakunov. Authorities in June opened up criminal cases versus at the very least four participants of the Federation Council, the highest possible decision-making body within the federation, that authorized the decision to eliminate Asanakunov from office. The cops notified the 4 they were suspected of “business raiding”or hostile takeover (post 219 of the Bad Guy Code ),” building files”(write-up 359 of the Lawbreaker Code ), and also”abuse

of authority in a commercial or other company “(write-up 233 of the Offender Code). The fees carry a maximum sentence of seven-and-a-half years in prison. The council participants’ lawyer shoots down these costs as groundless. The attorney’s legal brief, seen by Civil rights Watch, states that as the federation is not a commercial venture, its council participants can not be charged with “business

raiding”which none of the council members has any authority over management or financial matters in the federation, which indicates they could not have”abused power.”The harassment of the 4 profession union leaders happens versus the background of parliament’s initiatives to press through a restrictive draft profession union regulation. The draft law, if adopted, would certainly obligate commercial and also local profession unions to join a higher-tier profession union body, interfering in the right of trade unions to openly establish their very own structures. The federation would be deemed the only national-tier trade union body acknowledged by the national federal government. It would certainly have the authority to approve charters and also other activities of lower-tier unions, interfering with their independence.Even though the draft failed to pass the third analysis in parliament in March, which is needed for it to come to be regulation and was returned for a second analysis, the costs again received that 2nd analysis on November 5. The decision to progress the expense in November was made by a caretaker parliament, which has been in location after a disputed legislative election in October.The International Labour Company (ILO)has claimed the draft law would develop a” syndicate”on union organizing and urged lawmakers to modify the expense to preserve” trade union diversity.”It likewise revealed issue that the draft breaches essential worldwide treaties on liberty of association: Convention 87 on Flexibility of Organization and also Protection of the Right to Organize as well as Convention 98 on the Right to Arrange and also Collective Bargaining. Kyrgyzstan is an event to both treaties.The draft trade union regulation is also inappropriate with the International Commitment on Civil and also Political Civil Liberties (ICCPR), the International Commitment on Economic, Social and Cultural Civil Liberty (ICESCR), and Kyrgyzstan’s constitution, which assure freedom of association for trade unions.” The draft profession union regulation, if taken on, would paralyze independent trade unions in Kyrgyzstan, undermining workers’right to arrange individually and also easily, “Sultanalieva claimed.”Kyrgyzstan ought to be securing and facilitating liberty of association, not finding methods to threaten it.”