Date of publication:
06/10/2025
Kyrgyzstan
Do domestic laws and policies prohibit forced or compulsory labour?
Assessment by population
Analysis
The laws and policies of the Kyrgyz Republic clearly prohibit forced or compulsory labor, except in cases strictly defined by law. The fundamental norms are contained in the Constitution of the Kyrgyz Republic. In accordance with Article 28, slavery and human trafficking are prohibited in the country. Forced labor is also prohibited, with the exception of the following circumstances: performing duties in wartime, eliminating the consequences of natural disasters and other emergency situations, as well as labor in the execution of a court decision. At the same time, recruiting citizens for military or alternative (non-military) service is not considered forced labor.
The criminal legislation of the Kyrgyz Republic strengthens the prohibition of forced labor and provides for severe penalties for its use. Thus, Article 170 of the Criminal Code of October 28, 2021 № 127 establishes liability for forced labor if powers inherent in the right of ownership are exercised in relation to a person and he cannot refuse to perform work for reasons beyond his control. Such an act is punishable by imprisonment for a term of three to six years. Article 166 of the Criminal Code prohibits human trafficking, including their forced labor through threats, violence, fraud or blackmail, for which the punishment is imprisonment for a term of three to six years. Even stricter measures are taken with regard to child trafficking: Article 167 provides for imprisonment for a term of five to eight years for any actions aimed at the exploitation of children, regardless of the benefit.
Additionally, the Law "On the Legal Status of Foreign Citizens" dated December 14, 1993 № 1296-XII, in Article 22 indicates that foreign citizens, including refugees, are not required to perform military service in the ranks of the Armed Forces of the Kyrgyz Republic. This excludes the possibility of forcing foreign citizens to mandatory military service.
Thus, the legislation of the Kyrgyz Republic strictly prohibits any form of forced labor, including slavery, exploitation of child labor and human trafficking. The exceptions provided by law are strictly limited to circumstances related to the performance of civil duties in emergency situations or within the framework of court decisions. This ensures the protection of the rights of every person, including foreign citizens and refugees, and excludes the possibility of their exploitation.
Related provisions of domestic law or policy
The Constitution of the Kyrgyz Republic
- Year: 2021
- Type: Domestic law
- Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights, Family life, Documentation
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/2021/en/17474?prevDestination=search&prevPath=/search?keywords=Constitution+of+the+Kyrgyz+Republic&sort=score&order=desc&result=result-17474-en
Legal provision
Article 28 - Prohibition of slavery, child labor and forced labor
1. Slavery and human trafficking are not permitted in the Kyrgyz Republic. 2. Exploitation of child labor is prohibited. 3. Forced labor is prohibited, except in cases of war, elimination of consequences of natural disasters and other emergency situations, as well as in the execution of a court decision. Involvement in military or alternative (non-military) service is not considered forced labor.
The Criminal Code of the Kyrgyz Republic
- Year: 2021
- Type: Domestic law
- Rights Category: Asylum, Freedom of movement, Liberty & security of person
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/2021/ru/150130
Legal provision
Article 165 - Kidnapping of a person
1. Kidnapping of a person against his will, accompanied by removal from his place of permanent or temporary residence with subsequent detention in a place other than his place of residence, in the absence of elements of a crime provided for in Article 257 of this Code, committed by means of seizure, deception or with the use of violence that is not dangerous to life and health, or the threat of using such violence, - shall be punishable by imprisonment for a term of five to seven years. 2. The same act committed: 1) against two or more persons; 2) against a child; 3) against a pregnant woman; 4) for the purpose of removing organs or tissue from a person for transplantation; 5) for the purpose of removing organs or tissue from a deceased person for transplantation; 6) for the purpose of receiving ransom or other personal interest; 7) by a group of persons; 8) by a group of persons by prior conspiracy; 9) with causing serious harm through negligence, - shall be punishable by imprisonment for a term of seven to ten years with or without confiscation of property. 3. The acts provided for in Part 1 or paragraphs 1–5 of Part 2 of this Article, if the perpetrator voluntarily released the kidnapped person, - shall be punishable by community service from one hundred to three hundred hours or correctional labor for a term of one to three years, or a fine of 500 to 1,000 calculation indices. 4. The acts provided for in Part 1 of this Article, committed: 1) against a child under the age of fourteen; 2) with the use of one’s official position; 3) with the use of weapons or objects used as weapons; 4) with the infliction of especially serious harm; 5) by an organized group; 6) as part of a criminal community, - shall be punished by imprisonment for a term of ten to twelve years with confiscation of property.
Article 166 - Human trafficking
1. Human trafficking, i.e. their recruitment, transportation, harboring, acceptance or transfer, carried out with or without their consent, by threat, use of force or other forms of coercion, blackmail, kidnapping, fraud, deception, for the purpose of exploitation, - shall be punishable by imprisonment for a term of three to six years with or without confiscation of property. 2. The same act committed: 1) against two or more persons; 2) by a group of persons; 3) by a group of persons by prior conspiracy; 4) by a person using his official position; 5) with the movement of the victim across the State Border of the Kyrgyz Republic or his illegal detention abroad; 6) against a person who is financially or otherwise dependent on the perpetrator, - shall be punishable by imprisonment for a term of six to eight years with or without confiscation of property. 3. The same act committed: 1) against a pregnant woman; 2) with the purpose of removing organs or tissues from a person or a deceased person for transplantation; 3) with the infliction of serious harm through negligence; 4) by an organized group; 5) as part of a criminal community, - shall be punishable by imprisonment for a term of eight to eleven years with confiscation of property. 4. Recruitment, transportation, concealment, acceptance or transfer of a child, carried out with or without consent, without the use of force or other forms of coercion, blackmail, kidnapping, fraud, deception, for the purpose of exploitation, - shall be punishable by imprisonment for a term of up to five years. Note. Recruitment means the activity of individuals or legal entities to search for, select, accept and hire people for material compensation to perform any work or provide services in the interests of the employer or other persons. Exploitation means forcing persons into prostitution or other forms of sexual exploitation, forced labor or services, slavery, participation in armed conflicts, including through the use of debt obligations, material or other dependence, as well as their servitude. A person who has become a victim of human trafficking is exempt from criminal liability for committing acts that are a minor crime or a less serious crime, if such an act was committed by the victim as a result of his or her involvement in the process of human trafficking.
Article 167 - Child trafficking
1. Trafficking in a child with or without the purpose of obtaining a benefit, - shall be punishable by imprisonment for a term of five to eight years. 2. The same act committed: 1) against two or more persons; 2) by a group of persons; 3) by a group of persons by prior conspiracy; 4) by a person using his official position; 5) with causing significant harm through negligence; 6) with the movement of the victim across the State Border of the Kyrgyz Republic or his illegal detention abroad, - shall be punishable by imprisonment for a term of eight to eleven years. 3. The same act committed: 1) against a child under the age of fourteen; 2) for the purpose of removing organs or tissues from a person for transplantation; 3) with causing serious or especially serious harm through negligence; 4) by an organized group; 5) as part of a criminal community, - shall be punished by imprisonment for a term of eleven to fifteen years with confiscation of property. Article 170. Forced use of labor (slave labor) 1. Forced use of labor of a person in respect of whom powers inherent in the right of ownership are exercised, if the person, for reasons beyond his control, cannot refuse to perform the work (services), - shall be punishable by imprisonment for a term of three to six years. 2. The same act committed: 1) against two or more persons; 2) against a child aged fourteen to eighteen years; 3) with the seizure, concealment or destruction of documents certifying the identity of the victim; 4) with the use of blackmail, violence that is not dangerous to life and health, or the threat of using such violence; 5) using official position, - shall be punishable by imprisonment for a term of six to eight years with or without confiscation of property. 3. Acts provided for in parts 1 or 2 of this article: 1) committed against a child under the age of fourteen; 2) causing serious or especially serious harm through negligence; 3) committed by an organized group; 4) committed as part of a criminal community, - shall be punishable by imprisonment for a term of eight to twelve years with confiscation of property.
Article 170 - Forced use of labor (slave labor)
1. Forced use of labor of a person in respect of whom powers inherent in the right of ownership are exercised, if the person, for reasons beyond his control, cannot refuse to perform the work (services), - shall be punishable by imprisonment for a term of three to six years. 2. The same act committed: 1) against two or more persons; 2) against a child aged fourteen to eighteen years; 3) with the seizure, concealment or destruction of documents certifying the identity of the victim; 4) with the use of blackmail, violence that is not dangerous to life and health, or the threat of using such violence; 5) using official position, - shall be punishable by imprisonment for a term of six to eight years with or without confiscation of property. 3. Acts provided for in parts 1 or 2 of this article: 1) committed against a child under the age of fourteen; 2) causing serious or especially serious harm through negligence; 3) committed by an organized group; 4) committed as part of a criminal community, - shall be punishable by imprisonment for a term of eight to twelve years with confiscation of property.