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RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of April 15, 2022 No. 227

About the Program of the Cabinet of Ministers of the Kyrgyz Republic for fight against human trafficking in the Kyrgyz Republic for 2022-2025

For the purpose of the prevention and fight against human trafficking, according to articles 5 and 7 of the Law of the Kyrgyz Republic "About the prevention and fight against human trafficking", articles 13, of the 17th constitutional Law of the Kyrgyz Republic "About the Cabinet of Ministers of the Kyrgyz Republic" the Cabinet of Ministers of the Kyrgyz Republic decides:

1. Approve:

1) the Program of the Cabinet of Ministers of the Kyrgyz Republic for fight against human trafficking in the Kyrgyz Republic for 2022-2025 according to appendix 1;

2) the Actions plan on program implementation of the Cabinet of Ministers of the Kyrgyz Republic on fight against human trafficking in the Kyrgyz Republic for 2022-2025 (further - the Actions plan) according to appendix 2;

3) matrix of indicators of monitoring and assessment of program implementation of the Cabinet of Ministers of the Kyrgyz Republic on fight against human trafficking in the Kyrgyz Republic for 2022-2025 according to appendix 3;

4) the budget of the Actions plan for program implementation of the Cabinet of Ministers of the Kyrgyz Republic for fight against human trafficking in the Kyrgyz Republic for 2022-2025 according to appendix 4.

2. To the ministries, the state committee, plenipotentiaries of the President of the Kyrgyz Republic in areas, local public administrations, local government bodies (under approval):

- take measures for accomplishment of the Actions plan in full and at the scheduled time;

- following the results of half-year, no later than the 15th following the accounting period to provide information on the course of accomplishment of the Actions plan in the Ministry of Labour, social security and migration of the Kyrgyz Republic.

3. To the Ministry of Labour, social security and migration of the Kyrgyz Republic to provide summary information in the Cabinet of Ministers of the Kyrgyz Republic following the results of half-year, no later than the 25th following the accounting period.

4. Declare invalid the order of the Government of the Kyrgyz Republic "About the Program of the Government of the Kyrgyz Republic for fight against human trafficking in the Kyrgyz Republic for 2017-2020" of November 15, 2017 No. 743.

5. To impose control of execution of this resolution on management of control of execution of decisions of the President and the Presidential Administration Cabinet of Ministers of the Kyrgyz Republic.

6. This resolution becomes effective after seven days from the date of official publication.

Chairman of the Cabinet of Ministers of the Kyrgyz Republic 

A. Zhaparov

Appendix 1

to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of April 15, 2022 No. 227

The program of the Cabinet of Ministers of the Kyrgyz Republic for fight against human trafficking in the Kyrgyz Republic for 2022-2025

1. Overall assessment of the current situation

Economic globalization, labor mobility and quickly developing information and communication technologies became distinctive features of modern era. In these conditions, not only achievements of mankind, but also problem which society faced became general results: strengthening of the criminogenic aspect of globalization including including human trafficking, new forms of operation and violence, use of digital technologies in criminal objectives.

Human trafficking evolves, is supplemented with new tendencies and approaches in methods of exploitation of people. The problem becomes more complex and interconnected with other challenges, such as spontaneous migratory processes, demand for cheap labor power, work operation, growth of informal employment, COVID-19 pandemic effect.

The problem of human trafficking continues to remain urgent for the Kyrgyz Republic, as well as for all world community. The Kyrgyz Republic remains country of source and in transit, to a lesser extent - the country of destination. The main countries of destination are Turkey, the Russian Federation, Kazakhstan, the United Arab Emirates.

State policy in the field of the prevention and fight against human trafficking is performed according to the program documents determining the purposes, the directions, tasks and measures in this sphere which are implemented by state bodies with assistance of the international organizations and the organizations of civil society since 2002. The main attention in all programs was concentrated on enhancement of the national legal system according to international standards, the prevention of human trafficking by means of carrying out broad information and explanatory work among the population, information and education actions for target groups.

We note that the prevention of human trafficking is one of the important directions as provides measures for elimination of its reasons. The regional coordination councils on counteraction to human trafficking created in 2018 wage the national campaigns "100 days against human trafficking". With assistance of the public and international organizations more than 5000 information and educational events for the prevention of human trafficking are held, information materials (booklets, reference books) among labor migrants are widespread, number of Articles is published, interactive events in the educational organizations (schools, lyceums, schools, colleges, higher education institutions) are held.

Taking into account transformation of the problem of human trafficking, state bodies, the organizations of civil society even more often use information and communication technologies. Social networks become one of important tools when holding information and explanatory actions for fight against human trafficking. So, public organizations hold online campaigns on social networks with scope more than 500 thousand citizens of the Kyrgyz Republic, social rollers are prepared and placed. The International Organization For Migration develops the Reference Book of the Migrant mobile application with the "hot line 1899" function for the victims of human trafficking, the website traffikunet.kg for the purpose of informing citizens on safe migration, risks of illegal migration which is daily visited by about 18 thousand subscribers of social networks is created. Within the information campaign "Safe Migration" more than 13 thousand citizens got necessary advice, including migrants - on the questions which arose during COVID-19 pandemic.

Also, with assistance of Program office of OSCE in Bishkek the corresponding work on development of specialized protocols of reaction in the conditions of the emergency situations oriented to ensuring first-priority requirements of the victims of human trafficking is carried out. This protocol will form basis for development of other similar departmental instructions for rapid response in the conditions of pandemic.

State bodies, in partnership with the international organizations and the organizations of civil society, guidelines manuals concerning counteraction of human trafficking are developed for the general education organizations and educational institutions of professional education, educational modules by methods of investigation of these crimes, on legal prosecution and mutual legal assistance, protection of the rights of the victims of human trafficking, the training seminars for the staff of authorized bodies (bodies of prosecutor's office, law-enforcement bodies, health care, education, migration, local public administrations, local government bodies), for journalists and the staff of the press services of state bodies are held.

Researches on different problematic issues in the field of counteraction to human trafficking are conducted. So, public association "Kyrgyz association of female judges" conducts research of court practice on the crimes connected with human trafficking, the analysis is performed and court practice for preparation of the training module for judges of local courts is generalized.

The public association "Al Agartuu" trains 40 employees of public administrations of areas concerning prevention of human trafficking. Besides, in all public administrations of areas, offices of plenipotentiaries of the President of the KR in areas and the city halls of the cities of Bishkek and Osh information stands concerning safe migration and human trafficking are established.

In 2019 the functional analysis of activities of authorized state bodies for counteraction to human trafficking for assessment of the functions, competences and powers fixed by the Law of the Kyrgyz Republic "About the prevention and fight against human trafficking" is carried out. By its results number of recommendations for improvement of institutional structure in fight against this phenomenon is developed.

The criminal code of the Kyrgyz Republic criminalizes human trafficking in Article 166, and also number of the crimes connected with human trafficking: kidnapping (the Art. 165), illegal imprisonment (the Art. 169), forced use of work (chattel slavery) (the Art. 170) that meets the international standards on establishment of measures of protection of the person from infringement of its personal liberty.

Within international cooperation concerning counteraction to human trafficking of the Ministry of Internal Affairs of the KR it is participated in the Central Asian operational and preventive action "Stop traffic", in partnership with the international organizations 14 studies are given in fight against human trafficking and the related crimes following the results of which more than one thousand employees are trained.

It should be noted that in questions of rehabilitation and reintegration of persons which were affected by human trafficking possibilities of the international and public organizations are generally used.

So, for 2017-2019 the International Organization For Migration gave help to about 400 victims of human trafficking in type:

- rehabilitation help (safe housing, psychological assistance);

- reintegrations (professional courses, the equipment, raw materials for the organization of dokhodoprinosyashchy activities);

- assistance in homecoming.

In the Kyrgyz Republic the certain experience on assistance to persons who were affected by human trafficking both through projects of the international organizations, and within the state social order is accumulated. So, the Crisis center "Sezim" (Bishkek) since 2012 provides temporary shelter (shelter) and gives rehabilitation help to persons which were affected by violence, including by human trafficking. The crisis center "Ak-Zhurok" (Osh) gives psychological, legal, public help to the victims of human trafficking. Considering limitation of means of the government budget, implementation of the state social order by public organizations allows to reduce load of the public social services by rendering services to the victims of human trafficking and to provide the address help to this vulnerable national group.

The legislation of the Kyrgyz Republic guarantees to persons which became the victims of human trafficking, provision of free medical and legal assistance, the social resettlement including psychological, medical, employment rehabilitation, employment, provision of housing by it. However it should be noted that above-mentioned types of the help to persons who were affected by human trafficking are generally provided by the organizations of civil society in case of financial support of the international organizations. Today the help from state bodies is provided to them in general procedure and in accordance with general practice, as well as to other citizens.

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