Project: “An enabling environment for fundamental freedoms and sustainable development in Kyrgyzstan” conducted by Forum-Asia in collaboration with the Human Rights Movement Bir Duino Kyrgyzstan

Date: July 10, 2023.  

The human rights situation in Kyrgyzstan has sharply deteriorated due to the introduction of draft law in the KR Parliament targeting mass media and the NGO sector. Despite ongoing legal proceedings to restore citizens’ constitutional right to freedom of association, including the decision of the Constitutional Court of the KR, the KR authorities continued to narrow the space in which independent journalists and NGO leaders could operate.  

«The draft law falls seriously short of Kyrgyzstan’s international human rights obligations, in particular the International Covenant on Civil and Political Rights (ICCPR), article 22 of which protects the right to freedom of association. Several independent legal analyses of the draft law carried out by civil society organizations, such as the International Center for Not-for-Profit Law (ICNL), Adilet Legal Clinic, and Bir Duino Human Rights Movement have highlighted the draft law’s inconsistency with applicable human rights standards. In an interim opinion published in December 2022, the Office for Democratic Institutions and Human Rights (ODIHR) of the Organization for Security and Cooperation in Europe (OSCE) concluded that the provisions of the draft law (which at that time had been submitted for public discussion by a member of parliament) do not comply with the right to freedom of association. In particular, ODIHR stressed that the definition of “foreign representatives” set out in the draft law does not meet requirements of legal certainty and foreseeability and would allow an unfettered discretion on the part of the implementing authorities. ODIHR also warned that the law could potentially not only stigmatize, but also trigger mistrust, fear and hostility against civil society organizations».  

Preparatory work for the trip:  

Expert support for work meetings with focus groups in four communities where Forum Asia and Bir Duino have been working.  

In order to increase the number of like-minded individuals for the preparation of the effective organization of work consultations in four different communities where Forum Asia and Bir Duino have been working, each with focus groups, meetings and consultations have been held with leading experts on trade union development and discussions on joint actions with deputies.  

On July 3, 2023, consultations with Eldiyar Karachalov, an expert on trade unions and protection of freedom of association in the Kyrgyz Republic, were held: 

• · Eldiyar is a long-standing partner of Bir Duino; he expressed his readiness to provide legal consultations for active citizens in the four villages of Barskoon, Tosor, Kichi Jargylchak, and Chon Jargylchak regarding the protection of freedom of association in the KR in both online and offline formats. 
• · He confirmed his partnership with Bir Duino and leaders of local communities to advance two key advocacy plans. These plans would involve lobbying for the protection of freedom of association and participation in a campaign to promote the “Glacier Act” bill. 

The second meeting was held with Eldar Tajibaev, Chairman of the Mining Industry Trade Union of the Trade Union Federation of the Kyrgyz Republic. Eldar provided contributed in the following ways:  

• He invited Kalyzbek Rysbaev, Chairman of the Trade Union Committee of Kumtor Gold Company, to provide information to the four communities regarding the situation of workers' rights in the gold mining company Kumtor after nationalization from July 4 to July 6, 2023. 

• He presented a legal analysis on the difference in employment conditions for women through subcontracting organizations using patents, highlighting it as a form of discrimination against women's labor rights, and emphasized the importance of transitioning from this format to labor agreements. 

• As a result of the seminar in Karakol, the Kumtor trade union is currently in the process of hiring women and girls based on labor agreements. 

• Eldar Tajibaev proposed to community leaders to participate in the development of a new Labor Code of the KR, incorporating principles of gender equality and gender justice. 

At the meeting with the expert and journalist of radio “Azattyk” Baktygul Chynybayeva, the following issues were discussed: 

• To highlight the stories of women and youth leaders during the working meetings and establish partnerships with leading environmental experts at the community level, Bir Duino and Forum Asia are working with focus groups in the four communities. 

In addition, Ivan Milykh, the coordinator of the Central Asia Labor Rights Monitoring Network, and Marhaba Khalmurzaeva were invited as accompanying experts on the protection of workers’ rights in the Kumtor gold mining company and the development of trade unions. They were invited to attend the meetings in Barskoon, Tosor, Kichi Jargylchak, and Chon Jargylchak.  

The regional representative of the Ombudsman Institute of the Kyrgyz Republic for the Issyk-Kul region has agreed to participate in the working consultations, providing an overview of the human rights situation, including issues related to environmental safety, protection of women’s labor rights at Kumtor, and protection of environmental rights activists, as well as lobbying for the “Glaciers Act” bill. 

Dates of the working meetings: July 4-6, 2023. 

Location: Issyk-Kul region, Jeti-Oguz district, villages of Barskoon, Tosor, Kichi Jargylchak, and Chon Jargylchak.  

Goals: To obtain, summarize, and analyze specific practical recommendations from representatives of local communities, local self-government bodies, youth leaders, village councils, and women's councils for the implementation of advocacy campaigns at the local level. To gather conclusions and proposals from local communities, taking into account their needs and requirements, for the implementation of advocacy campaigns aimed at reducing risks and threats. 

Participants: Representatives of village councils, local council deputies, members of local committees, employees of cultural centers and libraries, teachers, private entrepreneurs, housewives, unemployed individuals, trade union representatives, employees of media centers, doctors, and representatives of women's committees. 

Total number of participants: 102 people. 

Women: 80. 

Men: 22. 

Experts: 10 people. 

The outgoing working group from Bishkek included: 

1. Tolekan Asanalieva Ismailova – Director of the Human Rights Movement “Bir Duino Kyrgyzstan”; 

2. Murat Karypov – Coordinator of the Human Rights Movement “Bir Duino Kyrgyzstan”; 

3. Lira Asylbek – Gender expert of the Human Rights Movement “Bir Duino Kyrgyzstan”; 

4. Sahira Nazarova – PR specialist;

5. Ivan Milykh – International expert on labor rights protection;

6. Marhaba Khalmurzaeva – Coordinator of the International Monitoring Mission on Labor Rights in Central Asia;

7. Alim Emir – Volunteer.

Local Experts:  

1. Erkingul Imanakozheva, environmental activist and former member of the Jogorku Kenesh (Parliament);
2. Kalyzbek Ryspaev, Chairman of the Trade Union Committee of Kumtor Gold Company;
3. Ainash Namazova, expert on working with local communities. 

What results have been achieved? Key findings:

Concrete practical recommendations were provided by representatives of local communities, local self-government bodies, youth leaders, the Barsookon village council, women's council, and NGOs for the implementation of advocacy campaigns at the local level. Conclusions and proposals were gathered from the local communities in consideration of their needs and requirements, to implement advocacy campaigns aimed at reducing risks and threats.  

Group 1: “Action plan on the topic ‘Protection of workers' rights (especially women workers at Kumtor)’.” 

“Group 2 – Action plan on the topic ‘Promotion of the Glacier Act in the KR’." 

Group 3 - Action Plan for the establishment of a working group to implement transparency and openness of Kumtor's work 

Plans for work and campaigns have also been developed in several key directions. 

The First Direction – Normalization of labor relations in the subcontracting cleaning company that serves the Kumtor enterprise. 

Background: The subcontracting organization that provides cleaning and catering services employs 94 women from the local community. They are all employed based on lists provided by the local self-government administration as part of poverty alleviation efforts. When considering the labor concerns of these employees, there appear to be certain difficulties in obtaining vacations, sick leaves, and so on. These issues are due to the subcontracting organization’s reliance on a patent system for the employees instead of direct contracts. Preliminary communication with the employees revealed that they fear asserting their rights and joining a trade union, as it could lead to job loss. This fear is exacerbated by the depressed situation of job opportunities and wages in the region. The fear of losing their income proved to be stronger than the desire to improve their working conditions. In total, there are 4,439 people working at Kumtor, out of which 1,082 are employed by subcontracting organizations. 

During the meetings on July 4-6, a number of recommendations were developed for this direction: 

1. Explore the possibility of interacting with female employees working in subcontracting organizations that provide cleaning and catering services at the enterprise. If direct communication with the employees is not possible, start by preparing and disseminating materials on labor rights (or a series of materials). Such materials and their content were discussed on July 6 with the working group. It was decided that it would be best to work on this direction through the newly established union “Akyykat Gulduro” with the support of partners, allies, and trade union experts. 
2. Discuss with the trade union in the mining and metallurgical industry of the KR the possibilities of female employees’ membership in existing primary trade union organizations and the prospects for protecting their interests and rights, including issues of precarious employment and guarantees of trade union activities for these employees. 
3. Discuss with local self-government bodies the possibilities of protecting female employees from job dismissal in case they join a trade union or establish their own union. 
4. It is necessary to analyse the contracts and types of patents held by the employees jointly with the mining and metallurgical trade union in order to identify any inconsistencies within the legislation of the KR. 
5. The participants of the July 4 meeting also suggested organizing a round table with representatives of Kumtor to create a working group for the protection of labor rights of female employees at Kumtor in August 2023. 
6. The participants of the July 4 meeting also suggested conducting information-related and explanatory activities among the general population and female employees of Kumtor specifically, starting from September 2023. 
7. The participants of the July 4 meeting also suggested sending a letter of appeal on behalf of the Barskoon AO in September 2023, regarding the protection of labor rights of female employees at Kumtor. 
8. The participants of the July 4 meeting also discussed the possibility of transferring Kumtor employees who are currently working under a patent system to direct contracts with the assistance of the Kumtor Trade Union and the Mining and Metallurgical Trade Union of the Kyrgyz Republic. 

The second direction aims at the development of alternative socio-economic protection for the region’s residents. This direction was formed through discussions with the local community, particularly women who were affected by the cyanide accident in 1998. 

Plan of action: 

1. Engage with the local community, focusing on environmental issues and ensuring access to clean water, quality food, etc. Dignified work and fair wages are essential for improving overall living conditions. 
2. Continue to support the formation of new trade unions with different orientations, aimed at improving the quality of jobs in the region rather than solely providing trade union services. 
3. Partner with trade unions to explore the development of programs for job creation and assistance to local residents in developing employment opportunities for themselves. Examples include microcredit programs for self-employment and mutual aid funds, as well as worker cooperatives, with a commitment to avoid child labor and comply with labor norms and core ILO conventions. 
4. Explore the possibility of creating alternatives to work at Kumtor through cooperatives or local employment systems. Providing earning opportunities can help alleviate the fear of job loss among Kumtor employees and overcome their apprehension about asserting their rights. This initiative received positive feedback from the community of women affected by the cyanide accident in 1998, leading to the creation of the self-employed union “Akyykat Gulduro.” The union is currently undergoing registration and document preparation; they are also establishing accounts, networking, and doing collaborative work among its members. In the creation of economic instruments to expand employment and support self-employment groups, including trade unions, it is important to consider the risks of corruption or misappropriation of initiatives. Finding the right democratic and inclusive form of operation is crucial for success. 

Additional direction that was discussed during the meetings was the continuation of work with women affected by cyanide poisoning and forced abortions in 1998. For this direction, the following proposals were made during the discussions: 

1. Consider the possibility of preparing applications for compensation. 

2. Develop one individual case for a Special Reporter on Human Rights at the United Nations. 

3. Develop and conduct campaigns to improve living conditions, working conditions, and employment opportunities. This could be part of the strategy of the “Akyykat Gulduro” trade union. 

On July 6, a meeting was held where an action plan was developed for the working group and the “Akyykat Gulduro” trade union regarding directions of environmental protection in the region and addressing the social and labor issues of the region’s residents. 

The meeting took place at Movilla Glamping. The agenda of the meeting included the following: 

1. Introduction, introduction of participants, and stating expectations. 
2. Presentation on the Glacier Protection Law. 
3. Gathering information on the social, labor, and economic challenges faced by the region's residents. 
4. Planning a campaign for glacier protection. 
5. Planning a campaign to promote the protection of social, labor, and economic rights of the region’s population. 

As a result of the meeting, plans emerged to be developed in several directions.

Social, labor, and economic relations: 

• Development of the “Akyykat Gulduro” trade union of the self-employed as a response to unemployment and low incomes among the population. To further develop the union, it is necessary to draft the organization's bylaws, hold a meeting to plan the union's work, conduct training on basic economic skills and organizational development, establish a communication system among union members, develop a fundraising system to initiate work, and address potential corruption risks. 
• Within the established trade union, work can be carried out to promote labor rights in the region. This work may initially involve creating a booklet on the use of patents in employment relationships, e.g., explaining the patent system, highlighting the disadvantages of using patents for workers in permanent positions, and providing guidance on how to address this issue. 
• The established trade union can provide consultation on labor rights to people using the resources of friendly trade unions, such as the trade union of the food industry in

Kyrgyzstan, and NGOs. 

In addition, an introduction to campaign planning was discussed.  Its focus was to explore how to conduct a campaign for glacier conservation. 

Other recommendations: The plan is incomplete and needs further development and enhancement. In Kyrgyzstan, it is possible to find sufficient allies to advance the campaign on this issue. It might be beneficial to establish a separate working group to create a comprehensive campaign plan and distribute actions among coalition members. 

Recommendations for the action plan with the “Akyykat Gulduro” Trade Union: 

1. Provide ongoing consultations to the trade union during the initial period. 
2. Organize two upcoming events for the trade union: (1) basic economic skills training and information on patents, and (2) planning the trade union's work in various directions, discussing mechanisms of operation (after adopting the charter and registration). 
3. The newly formed trade union has great prospects for development, including the potential to unite self-employed individuals and workers from the informal and formal sectors. 
4. As the trade union develops, it can represent workers in tripartite relationships (employer, government, and the trade union) as well as in bilateral relationships with social partners (trade union – employers and trade union – government entities, including regulatory and local self-government bodies). 
5. In the long term, the trade union can provide support to local workers through consultations on economic, legal, and organizational matters. 
6. Expert consultations with the members of the Working Group continue as part of the Business and Human Rights educational programs, including seminars with partner NGOs and Chinara Aitbaeva from “Nash Vek.” 
7. The work of the Working Group continues in preparing the charter of the women's trade union for victims of the cyanide accident, with expert Ivan Milykh. 
8. The development of two national plans for advocacy is ongoing: one focused on the “Glacier Protection” bill and the other on “Protecting Women's Labor Rights at Kumtor.” 
9. Monitoring plans have been developed by the Bir Duyno Team to track the implementation of planned activities both locally and in Bishkek. 

During their work, the team of the Bir Duino Kyrgyzstan Human Rights Movement used the following materials to enhance the capabilities of the communities: 

1. Joint research report by Bir Duino and the international association Forum-Asia under the title, “Awaiting Justice” (https://forum-asia.org/?p=37589). 
2. Bir Duino’s report, in collaboration with the Global Network for Disaster Risk Reduction (GNDR), on the findings of the View from the Frontline project, which identifies disaster risks http://birduino.kg/pressaru/naczionalnyij-otchet-pravozashhitnogo-dvizheniya-«bir-dujno-kyirgyizstan»-po-proektu-«vzglyad-s-peredovoj»-analiz-dannyix-i-osnovnyie-rezultatyi). 
3. United Nations’ Guiding Principles on Business and Human Rights (https://www.ohchr.org/sites/default/files/documents/publications/guidingprinciplesbusinesshr_ru.pdf). 
4. Survey guide for conducting research under the guidance of local communities by the International Accountability Project (https://accountabilityproject.org