Texts of pending comments

The Committee notes the observations of the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF), received on 30 August 2021. The Committee requests the Government to provide its comments in this respect.

Article 1(1)(a) of the Convention. Discrimination based on religion. Further to the previous observations made by IUF in 2020 according to which Muslim women who wear the hijab, face discrimination including in education, when applying for jobs and in employment, the Committee requested information on any specific measures taken to tackle discrimination on the grounds of religion in employment and occupation. In this regard, the Committee notes the Government’s indication that the National Human Rights Strategy (NHRS) and the Roadmap for its implementation have been adopted on 22 June 2020 by Presidential Decree No. 6012. The Government adds that the Roadmap indicates that, by the end of 2020, the draft of a new Law on Freedom of Conscience and Religious Organizations was expected to be completed. The Committee asks the Government to provide information on the current status of the draft Law on Freedom of Conscience and Religious Organizations and on the manner in which it addresses discrimination based on religion in employment and occupation, and to provide a copy once it is adopted. Noting that the Government does not provide information in this regard, the Committee reiterates it request to provide information on any specific measures adopted to tackle discrimination on the grounds of religion in employment and occupation in the framework of the 2017–21 Action Strategy and on the results achieved.

Discrimination based on national extraction. Luli/Roma community. Following its previous request concerning the measures taken to address situation of the members of the Luli/Roma community with regard to discrimination and to promote their equal opportunity and treatment in employment and occupation, the Committee notes the Government’s information recalling that, under the Constitution, all citizens have equal rights and enjoy equal freedoms. The Committee notes, in particular, that paragraph 17 of the NHRS Roadmap provides for the implementation of the Approach to Governmental Policy on Inter-Ethnic Relations 2019-2021, and ensures the social and cultural rights of national minorities, including through: (1) the development of a mechanism to provide the conditions for the spread of the languages and cultures of all nations and ethnicities living in the country; (2) their enhanced involvement in the social and political life of the country; and (3) the production of educational material in their languages. The Government adds that its policy is based inter alia on ensuring equality, strengthening the multicultural unity of the Nation, respecting languages and legally recognized customs and traditions, creating conditions for their full development, and promoting mutual understanding and social cohesion. The Committee further notes the Government’s indication that, according to data supplied by the Ministry of the Interior, the Luli/Roma population of Uzbekistan stands at 68,151 individuals, as well as the detailed information provided by the Government on the measures taken to improve the daily life of this community (medical assistance, housing, passports, etc.), The Committee also notes that, in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) expressed “concern about the socioeconomic discrimination and marginalization of the Luli/Roma with regard to their access to education, health, work and housing. In particular, the CERD remained concerned that Luli/Roma are confined to a low level of education, informal employment, temporary housing and unaffordable medical services.” (CERD/C/UZB/CO/10-12, 27 January 2020, paragraph 12). In this context, the Committee notes the adoption of the National Action Plan to implement the concluding observations and recommendations of the CERD, which provides for the adoption of a series of measures intended to safeguard the rights of and ensure social support for the Luli/Roma ethnic group during 2020-2025, in particular with respect to education. The Committee asks the Government to provide information on the measures envisaged or adopted to implement the Approach to Governmental Policy on Inter-Ethnic Relations 2019–2021 and the National Action Plan referred to above in the fields of vocational education and training and employment and the results achieved on training and employment opportunities for members of the Luli/Roma community.

Article 1(1)(b). Other grounds of discrimination. Persons with disabilities. In its previous comments, the Committee noted that Law No. 355 of 2013 amended section 68 of the Labour Code, to provide additional guarantees to persons with disabilities including job creation, special training programmes, the employer’s obligation to accept employment agency referrals and employment quotas. The Committee notes the information provided by the Government on the legal framework in force. The Government also indicates that: there were 2,000 persons with disabilities working in quota-limited positions in 2018; 2,800 persons in 2019; and 372 persons in the first five months of 2020. The Government also indicates that, with a view to providing inclusive education for children with disabilities, Presidential Decree No. 5712 of 29 April 2019 established the Development Roadmap for Public Education in Uzbekistan for the period until 2030, and a partnership network of work-study centres and business entities will be formed to examine the labour market and set up a system of inclusive education to train children with disabilities, including the installation of special facilities in institutions of general education (lifts, access ramps, handrails, etc.), as well as suitably qualified staff (special-needs teachers, educational psychologists). In addition, the Committee welcomes the adoption, on 15 October 2020, of the new Law on the Rights of Persons with Disabilities which came into force on 16 January 2021.With respect to training of persons with disabilities, the Government adopted the Development Roadmap for Higher Education for the period until 2030, approved by Presidential Decree No. 5847 of 8 October 2019. The Committee notes from the IUF’s observations that in practice, many persons with disabilities cannot find a job or opt for self-employment. According to the research data, only 7.1 per cent of persons with disabilities aged 16-59 are officially employed in the country and the employment rate of women and men with disabilities is 4.4 and 8.9 per cent respectively. The IUF also underlines that their access to education is limited, due to the absence of accessible environment at educational institutions. As a result, persons with disabilities have a rather low level of education, which also complicates their search for employment and makes it more difficult for them to find a job. Noting the persistent obstacles in practice encountered by persons with disabilities, despite the existing legal framework, the Committee asks the Government to take steps to increase its efforts to promote the employment of these persons, including through quotas. It also asks the Government to provide information on: (i) the implementation of the Law on the Rights of Persons with Disabilities with respect to employment and occupation; (ii) training opportunities developed for persons with disabilities, including through the Development Roadmap for Higher Education; and finally (iii) any cases of discrimination based on disability in employment and occupation dealt with by the competent authorities, including sanctions imposed and remedies granted.

Article 2. National Policy on Equality. Gender equality in employment and occupation. With reference to its previous comment, the Committee notes with interest the adoption of Law No. ZRU-562 of 2 September 2019 on Guarantees of Equal Rights and Opportunities for Women and Men. It notes that the law provides inter alia that: (1) the State bodies shall develop cooperation with the private sector in order to promote equality between women and men in the labour market, training and creation of conditions for employment; and (2) employers shall ensure equal opportunities for women and men in employment. Moreover, in accordance with Presidential Decision No. PP-4235 of 7 March 2019 on measures to further strengthen the guarantees of labour rights and support the activities of women entrepreneurs, “women’s business centres” have been established which provide the following services: (1) facilitating retraining in market-relevant occupations for women who have spent a long period away from work to care for a child or who find themselves in difficult economic circumstances, as well as their recruitment; (2) assisting and providing advice to women who have expressed interest in entrepreneurial activities; and (3) providing help to women engaged on an unofficial basis in artisanal activities to become registered, obtain preferential loans, etc. In addition, the Ministry for Employment and Labour Relations works actively to expand the opportunities for vocational training in market-relevant occupations, through vocational training courses and to introduce opportunities for employment and entrepreneurship in line with cooperative principles, through a system of subsidies to allow low-income families to develop smallholdings and set up agricultural cooperatives. The Government further indicates that in 2020, 389 cooperatives have been established in 141 districts of the country; 32 of these cooperatives are managed by women. The Committee notes that the IUF, in its observations, indicates that women’s significant underrepresentation in economic activities is characteristic of the labour market. It adds that an important factor of gender inequality is an extremely low enrolment rate in higher education among young women over the last two decades, i.e. at the level of 6.5 to 10 per cent, which considerably complicates women’s employment. Women’s unemployment rate (12.9 per cent) notably exceeds the men’s unemployment rate (7.2 per cent). The Committee asks the Government to continue to provide information on: (i) the measures taken to promote women’s access to employment and various occupations, and more specifically their access to a wider range of jobs including occupations with career opportunities, and to encourage their participation in a wide range of vocational and technical training courses and fields of study; and (ii) the impact of these measures on gender segregation in the labour market.

Workers with family responsibilities. For a number of years, the Committee has been asking the Government to amend the sections of Chapter IV of the Labour Code which contain measures applying to persons with family responsibilities which are only available to women workers (sections 228, 228(1), 229, and 232), and to fathers only in exceptional circumstances for example, where the mother has died or is hospitalized long-term (section 238). The Committee notes the Government’s indication that, in consultation with employers’ and workers’ representatives, the draft revised Labour Code contains draft provisions which ensure that parents have equal responsibilities for family care. In addition, the Committee notes with interest that, pursuant to Law No. ZRU-562 of 2 September 2019 on Guarantees of Equal Rights and Opportunities for Women and Men: (1) gender-based discrimination includes discrimination based on family responsibilities and is prohibited; (2) the State has to ensure equal rights and opportunities for women and men upon combining work and family obligations; (3) State bodies shall create conditions for women and men to combine professional and family obligations, including by mean of granting parental leave to both parents; (4) the employer shall ensure equal conditions for women and men for combining labour activities, participation in public life with family obligations, including by means of creation and expansion of a network of childcare institutions; and (5) provisions which ensure equal rights and opportunities for women and men, improve conditions for combining professional and family obligations shall be mandatorily included in collective contracts and agreements where the labour relations are governed by collective contracts. It also notes that section 24 provides for guarantees of equal rights and opportunities for women and men in the sphere of family relations and parenting, including equal rights to receive allowances. In the context of the labour law reform, the Committee asks the Government to ensure that the future provisions of the Labour Code concerning workers with family responsibilities apply to both men and women workers and to provide information on the provisions adopted in this regard. It asks the Government to provide information on the implementation in practice of Law No. ZRU-562 of 2 September 2019 on Guarantees of Equal Rights and Opportunities for Women and Men, including on any new provisions included in collective agreements to reconcile work and family responsibilities. The Committee also asks the Government to provide information on any awareness-raising measures adopted to raise awareness of the new legislation and on any cases of discrimination based on family responsibilities in employment and occupation dealt with by the competent authorities, including sanctions imposed and remedies granted.

Articles 2 to 5. Special measures of protection on the basis of sex. With regard to the list of jobs with harmful working conditions in which women are prohibited to work referred to in section 225 of the Labour Code, the Committee notes the Government’s indication that: (1) the list has been repealed by decision of the Ministry of Employment and Labour Relations and the Ministry of Health; (2) the Presidential Decision No. PP-4235 of 7 March 2019 on measures to further strengthen the guarantee of labour rights and support the activities of women entrepreneurs approved an advisory list of industries and occupations which may negatively affect women’s health; and (3) section 225 of the Labour Code on “Jobs in which women are prohibited from working” will be brought into line with international regulations and standards as part of the draft new Labour Code, which is currently undergoing stages of approval prior to final adoption. The Committee takes note that the list of jobs in which women are prohibited from working (section 225 of the Labour Code) has been repealed and replaced by a provisional list, pending the adoption of the new Labour Code. The Committee asks the Government to provide information on the criteria used to draw up the advisory list approved by Presidential Decision No. PP-4235 of 7 March 2019 and on the content of this list. It further asks the Government to provide information on the list of jobs in which women are prohibited from working in the new Labour Code once it is adopted.

Article 3(a). Cooperation with employers’ and workers’ organizations. Noting that the Government does not provide specific information in this regard, the Committee reiterates its request for information on: (i) the concrete steps taken by the social partners to promote and increase awareness of the legal provisions on equality and non-discrimination in the work place, such as by organizing seminars or training or developing handbooks or guides, codes of conduct, etc.; (ii) any joint initiatives plans which relate to equal opportunities and non-discrimination in employment and occupation; and (iii) any specific activities of the National Tripartite Committee on Social and Labour Affairs in this area.

Awareness-raising and enforcement. Noting that the Government only provides general information, the Committee asks again the Government to take concrete action to: (i) raise awareness of the relevant legislation among workers and employers, for example, through educational programmes or publication of guidelines or handbooks; (ii) enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of discrimination; and (iii) examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully.

The Committee notes the observations of the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF), received on 30 August 2021. The Committee requests the Government to provide its comments in this regard.

Article 1(1) of the Convention. Protection against discrimination in employment and occupation. Prohibition and definition of direct and indirect discrimination. Prohibited grounds of discrimination. Legislation. The Committee recalls that, in its previous comment, it requested the Government to consider amending section 6 of the Labour Code, which contains an open list of discrimination grounds, in order to include an explicit reference to the grounds of “colour” and “political opinion” and a prohibition of indirect discrimination. The Committee notes the Government’s indication that a draft revised Labour Code is currently at the final stage of adoption. It notes in particular that draft section 4, which is reproduced by the Government in its report, includes: (1) an open list of prohibited discrimination grounds as follows: “sex, age, race, nationality, skin colour, language, social origin, material and employment status, place of residence, attitude towards religion, beliefs, membership of public associations, and any other circumstances unrelated to the qualifications of the worker or the results of his/her work”; (2) an explicit prohibition of discrimination; (3) a definition of discrimination that is not in line with Article 1(1) of the Convention; and (4) no definition of indirect discrimination. The Committee further notes the Government’s indication that Presidential Decree No. 6012 of 22 June 2020 adopted the National Human Rights Strategy and the Roadmap for its implementation. The Government adds that, pursuant to the Roadmap, a draft law on equality and the prohibition of discrimination, which was originally scheduled for completion by April 2021, will provide for the introduction into law of the concepts of “discrimination”, “direct, indirect and multiple discrimination” and “basis of discrimination”, and full protection for citizens against possible discrimination in various areas of public life on the basis of race, sex, language, religion, political beliefs, national or social origin, and material, class or other status.

The Committee notes that, in its observations, the IUF describes the national legal framework respecting discrimination in employment (the Labour Code of 1995, the Law on Employment of 2020 and the Law on the Guarantees of Equal Rights for Women and Men of 2019) and emphasizes that this legislation does not: (1) provide a general definition of discrimination; (2) define the terms “direct discrimination” and “indirect discrimination” on grounds other than gender; (3) refer to “multiple discrimination”; (4) provide any specific examples of actions that are considered discriminatory; and (5) provide any efficient measures of legal protection for victims of discrimination through judicial and administrative litigation procedures. The IUF adds that, in this context, the general prohibition of discrimination is of declarative nature and protection against discrimination remains insufficiently effective. Therefore, there is no clarity for employers and the judiciary of what discrimination is about, what actions are considered discriminatory and how discrimination can and must be prevented, while for employees it is not clear in which cases they should seek protection against discrimination and what to do about it. The Committee wishes to recall that direct discrimination occurs when less favourable treatment is explicitly or implicitly based on one or more prohibited grounds and that it includes sexual harassment and other forms of harassment. It also recalls that indirect discrimination refers to apparently neutral situations, regulations, or practices which in fact result in unequal treatment of persons with certain characteristics. It occurs when the same condition, treatment or criterion is applied to everyone, but results in a disproportionately harsh impact on some persons on the basis of characteristics such as race, colour, sex or religion, and is not closely related to the inherent requirements of the job (General Survey on the fundamental Conventions, 2012, paragraphs 744 and 745).

In light of the above, the Committee asks the Government to seize the opportunity of the revision of the Labour Code, currently before Parliament, to ensure that it includes a definition of “direct discrimination” and “indirect discrimination” and a clear prohibition of both, in all aspects of employment, including recruitment, and an explicit reference to the grounds of “political opinion” and “national extraction” in addition to the grounds already explicitly covered. In the meantime, the Committee asks the Government to indicate how the expression “any other circumstances unrelated to the qualifications of the worker or the results of his/her work” in section 6 of the Labour Code has been interpreted by the courts, indicating in particular if it has ever been used to address discrimination based on “political opinion” or “national extraction”. The Committee also asks the Government to indicate the progress made regarding the draft law on equality and the prohibition of discrimination envisaged in the Roadmap for the implementation of the Human Rights Strategy.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. In its previous comment, the Committee asked the Government to: (1) take steps to include provisions in the legislation defining and prohibiting both quid pro quo and hostile working environment sexual harassment; and (2) provide information on any practical steps taken to raise awareness and address the issue of sexual harassment in employment and occupation and any related collaboration with the workers’ and employers’ organizations. In this regard, the Committee notes that the Government refers to section 121 of the Criminal Code, which criminalizes forced sexual intercourse, physically and verbally, and to section 3 of Law No. ZRU-562 of 2 September 2019 on Guarantees of Equal Rights and Opportunities for Women and Men, which includes “sexual harassment” in the definition of “discrimination based on sex”. The Government also refers to Law No. ZRU-561 of 2 September 2019 on the Protection of Women against Harassment and Abuse, which does not define “sexual harassment” as such. The Committee observes however that section 3 of Law No. ZRU-561 contains various definitions, including: (1) “sexual abuse” defined as “a form of abuse of a woman that impinges upon her sexual integrity and sexual freedom through the commencement of acts of a sexual nature without her consent, as well as the compulsion to engage in sexual intercourse with a third party, or female child molestation”; (2) “abuse” defined as “illegal action (or inaction) against a woman that impinges upon her life, health, sexual integrity, honour, dignity and other rights and freedoms protected by law through the use or threat of other kinds of physical, psychological, sexual or economic coercion”; and (3) “harassment” defined as “action (or inaction) humiliating the honour and dignity of a woman or any repetitive act which does not presuppose administrative or legal liability”. The Committee further observes that Law No. ZRU-561 only applies to women, whereas provisions regarding sexual harassment must apply to both men and women, and that the definitions in the Criminal Code and Law No. ZRU-561 do not cover the whole range of behaviours that can constitute quid pro quo and hostile work environment sexual harassment. In that regard, the Committee recalls that addressing sexual harassment through criminal proceedings only is often not sufficient (due to the sensitivity of the issue, the more onerous burden of proof, and the limited range of behaviours addressed) and that all forms of sexual harassment (criminal offences or not) should be covered by national legislation. With regard to practical steps taken to raise awareness and address the issue of sexual harassment in employment and occupation and any related collaboration with workers’ and employers’ organizations, the Committee notes that, according to Law No. ZRU-561, the main objectives of the State policy shall be: (1) the creation of an atmosphere of zero tolerance to harassment and abuse of women in the society; (2) the enhancement of legal awareness and legal culture in the society and the strengthening of the rule of law; and (3) the cooperation between state bodies, self-governing bodies of citizens, non-governmental non-profit organizations and other civil society institutions in order to prevent harassment and abuse (section 5). Moreover, authorized bodies and organizations shall interact in the following areas: exchange of information on the verified facts of harassment and abuse; coordination of response measures and provision of effective assistance to victims of harassment and abuse; joint implementation of measures to exchange experiences; training and advanced training of specialists; monitoring compliance with legislation; and development of proposals for improving the legislation and its application (section 14). Recalling that addressing sexual harassment through criminal proceedings only is not sufficient to combat all forms of sexual harassment, the Committee urges the Government to take steps to formally prohibit in the civil or labour law both quid pro quo and hostile environment sexual harassment and to provide dissuasive sanctions and appropriate remedies. In this regard, the Committee asks the Government to provide information on the number of cases of sexual harassment dealt with by the competent authorities.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee notes the observations of the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) received in 2019.

Article 1 of the Convention. Forty-hour week. Averaging of hours of work. Overtime. In its previous comments, the Committee noted that: (i) normal hours of work are set at 40 hours per week in section 115 of the Labour Code; (ii) section 123 of the Labour Code allowed the averaging of hours of work over a reference period of up to one year; and (iii) section 124 regulated the question of overtime. Noting that sections 123 and 124 may lead to excessively long working hours, it requested the Government to supply information on the application of these provisions.

On the issue of averaging, the Committee notes the information provided by the Government in its report, in particular that: (i) section 123 was established because it is not always possible to ensure a 40-hour working week every week for each worker in industries that operate on a 24-hour schedule and in shift work; and (ii) the duration of shifts is set out in an internal staff regulation approved by the employer in agreement with a workers’ representative body or by collective agreement. Recalling that calculating hours of work as an average over a reference period of up to one year allows for too many exceptions to normal hours of work and can result in highly variable working hours over long periods, long working days and the absence of compensation (2018 General Survey on working time instruments, paragraph 68), the Committee request the Government to review section 123 in this regard. It also asks the Government to provide information on the usual length of the reference period determined in collective agreements and internal staff regulations as well as concrete examples of the variations observed in the number of hours worked on a weekly basis over the corresponding reference period in cases where averaging is applied.

On the issue of overtime, the Committee notes the information provided by the Government in its report, in particular that: (i) under section 124, overtime is not allowed in certain circumstances (notably when the duration of the working shift is twelve hours, as well as in very hazardous working conditions) and for certain categories of workers (such as persons under 18 years of age); and (ii) section 125 sets clear limits to overtime, both on a daily (4 hours in two consecutive days) and yearly basis (120 hours per year). The Committee also notes that IUF denounces that employees would regularly work beyond the statutory limit of 40 hours per week. IUF refers to a number of specific allegations including cases of forced overtime and reports of very long daily and weekly working hours performed on a regular basis. For IUF, without an appropriate effective mechanism of state monitoring and control, legal provisions limiting working time are purely declaratory. The Committee notes that the Government indicates that, while the principle of a 40-hour week applies to all employed in the formal economy, it may be supposed that it does not apply, or applies to a limited extent, in the informal sector. The Government also indicates that in order to ensure the implementation of the legislation on the principle of the 40 hour working week, the Ministry of Employment and Labour Relations approves each year the Annual Working Time Balance, disaggregated by month, quarter and semester of the calendar year. Finally, the Government refers to the following enforcement mechanisms: (i) the State Labour Inspectorate of the Ministry of Employment and Labour Relations (according to section 9 of the Labour Code, which also provides that trade unions play a role in ensuring compliance with labour legislation); and (ii) the Office of the Prosecutor General. The Committee requests the Government to provide more information on the system of annual working time balance to be approved by the Ministry as well as on the measures taken to ensure that the Labour Code is respected in practice, including information on the activities of the labour inspectorate to monitor the respect of working time provisions and the sanctions imposed in case of non-compliance. It also requests the Government to take the necessary measures to ensure that the principle of a forty-hour week applies in all sectors of the economy, including the informal sector.

The Committee notes the Government’s first report and the following applicable pieces of legislation: Labour Code (1995), Law on Trade Unions (2019), Law on Public Associations (1991), and Law on Non-Governmental Non-Commercial Organizations (1999).

Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and join organizations. Definition of worker. The Committee notes that pursuant to section 16 of the Labour Code, all workers have the right to freedom of association. It further notes that it follows from sections 1(3) and 14 of the Labour Code that the term “worker” refers exclusively to those working on the basis of an employment contract, and that section 11 of the Code further extends the coverage of labour legislation to foreign citizens and persons without citizenship working in the territory of the Republic of Uzbekistan “on the basis of an employment contract signed with the employer”. It also notes that section 4 of the Law on Trade Unions (LTU) appears to have a larger scope of application as it grants freedom of association rights to “citizens who are performing work”. Recalling that workers in the informal economy, self-employed workers and workers without employment contracts must be able to enjoy the right to freedom of association, the Committee requests the Government to indicate how the abovementioned categories of workers enjoy the rights and guarantees provided by the Convention.

Distinction based on nationality. The Committee notes that, while section 11 of the Labour Code appears to extend freedom of association rights to foreigners, under the LTU only “citizens” are granted the right to freedom of association (section 4), as well as the right to voluntarily establish trade unions to protect their legitimate interests, to join and to carry out trade union activity (section 7). The Committee further notes that the Labour Code defines “trade union” as a voluntary public association of “citizens”, connected by their common professional interests on the basis of the type of activity or study carried out, created for the purpose of representing and protecting their labour and other socio-economic rights and interests, which acts on the basis of its own charter (section 3). The Committee recalls that the right of workers, without distinction whatsoever, to establish and join organizations of their own choosing implies that anyone residing in the territory of a State, whether or not they have a residence permit, benefits from the trade union rights provided for by the Convention, without any distinction based on nationality (see the 2012 General Survey on the fundamental Conventions, paragraph 79). The Committee requests the Government to take the necessary measures, including through amending the LTU, in order to ensure that the right to organize is recognized for all workers, regardless of citizenship, or the absence thereof.

Police and armed forces. The Committee notes that according to the LTU, specific provisions may be established for the application of the Act “in the Armed Forces, internal affairs offices, the National Security Service, the National Guard and other military forces” (section 2). The Committee recalls that the only authorized exceptions from the scope of application of the Convention concern members of the police and the armed forces. These exceptions must however be construed in a restrictive manner and do not include, for example, civilian personnel in the armed forces and civilian employees in the intelligence services (see the 2012 General Survey on the fundamental Conventions, paragraph 67). The Committee requests the Government to indicate if civilians working in the armed forces, intelligence and other services referred to in section 2 of the LTU can benefit from the trade union rights provided for in the Convention.

Article 3. Right of organizations to organize their administration and activities and to formulate their programmes. The Committee notes that according to section 9 of the LTU, trade unions must be independent in their activities, including their financial activities, from the State authorities and must not be accountable to them nor be controlled by them, “except in the cases provided by law”. The Committee further notes that the Law on Public Associations (LPA), whose broad scope includes organizations such as trade unions (section 1), provides in its section 20 that financial agencies carry out monitoring of the sources of finances and income of public associations, the quantity of the contributions they receive and their payment of taxes. The Committee requests the Government to indicate how the monitoring provided for by section 20 of the LPA is applicable to trade unions and employers’ organizations and what obligations or control measures section 20 requires or may imply for these organizations in practice.

The Committee notes that section 20 of the LPA further allows the Ministry of Justice and its agencies to demand from the governing body of a public association an accounting of the decisions taken, to send its representatives to participate in the activities being carried out by the public association, and to receive explanations from members of the public association and other citizens concerning questions related to compliance with the public association's charter. The Committee recalls that it considers contrary to the Convention legal provisions that place organizations under the obligation to transmit to the authorities, at their request, copies of the decisions taken by the executive committees of the organizations or reports of their activities, and to assist the authorities in ascertaining whether the association is achieving its authorized purposes (see the 2012 General Survey on the fundamental Conventions, paragraph 112). The Committee requests the Government to amend its legislation to ensure that public authorities are not allowed to interfere in the internal administration of trade unions and their structures, as well as employers’ organizations and their structures. It requests the Government to provide information on the measures taken in this respect.

Right to strike. The Committee notes that while according to section 281 of the Labour Code, the procedure for resolving collective labour disputes regarding the establishment of new working conditions or changes in existing working conditions is established by law, the LTU does not explicitly provide for the right to strike. Recalling that strikes are essential means available to workers and their organizations to protect their interests (see the 2012 General Survey on the fundamental Conventions, paragraph 117), the Committee requests the Government to indicate which laws recognize and regulate the right to strike of workers, and to communicate any relevant legal texts, including the law referred to by section 281 of the Labour Code.

Article 4. Use made of the assets of dissolved organizations. The Committee notes that pursuant to section 23 of the LTU, the termination of the activity of a trade union must be carried out on the basis of a decision made by its governing body or following a judicial procedure, and that such activity may not be terminated or suspended on administrative grounds. The Committee notes that the LTU is silent on the question of distribution of assets of dissolved organizations. It further notes that section 36 of the Law on Non-Governmental Non-Commercial Organizations provides that, when a public association is liquidated by a court decision, its property may not be distributed among its members. The Committee recalls that, with regard to the distribution of trade union assets in the event of dissolution, it considers that these should be used for the purposes for which they were acquired (see the 2012 General Survey on the fundamental Conventions, paragraph 162). The Committee requests the Government to indicate how assets are distributed once a trade union or an employers’ organization is dissolved.

Application of the Convention in practice. The Committee invites the Government to provide statistical information on the number of workers’ and employers’ organizations registered, the sectors reached by these organizations, and the number of workers covered.

The Committee reiterates its direct request adopted in 2019, which read as follows.

The Committee notes the observations of the International Union of Food, Agricultural, Hotel, Restaurant, Tobacco and Allied Workers’ Associations (IUF) received on 30 August 2019.

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for the expression of political or ideological views. In its previous comments, the Committee referred to certain sections of the Criminal Code, which provide for various sanctions involving compulsory labour (such as deprivation of freedom, arrest and correctional labour) in circumstances covered by the Convention, namely: section 139 (defamation); section 140 (insult); section 156 (incitement of national, racial, ethnic or religious enmity); sections 216 and 216-1 (creation or participation in the activity of prohibited social associations and religious organizations); section 216-2 (violation of legislation on religious organizations); and section 217 (violation of the procedure for organizing and conducting assemblies, meetings, street processions or demonstrations). The Committee also noted that similar offences are provided for in the Code of Administrative Offences, which provides for a sanction of “administrative arrest” for a term of up to 15 days, involving compulsory labour (section 346 of the Code) in circumstances covered by the Convention, namely: section 201 (violation of the procedure for organizing and conducting of public gatherings, meetings, street marches and demonstrations); section 202-1 (participation in the activity of illegal social associations and religious organizations); section 240 (violation of legislation on religious organizations); and section 241 (violation of the procedure for teaching religion).

The Committee noted the observations made by the International Trade Union Confederation (ITUC), alleging that the Government continued to repress and arbitrarily detain independent journalists and human rights activists seeking to document state-sponsored forced labour. The Committee further noted that the Human Rights Committee of the United Nations, in its concluding observations, indicated that it remained concerned about consistent reports of continuous harassment, surveillance, arbitrary arrests and detentions, and prosecutions on trumped-up charges of independent journalists, government critics and dissidents, human rights defenders and other activists, in retaliation to their legitimate work. Similar concerns were raised by the Special Rapporteur on the situation of human rights defenders. The Human Rights Committee also expressed concerns about reports that freedom of expression on controversial and politically sensitive issues were severely restricted in practice, as well as about reports of arbitrary restrictions on the right to peaceful assembly in law and in practice, including, inter alia, the disruption of peaceful assemblies by law enforcement officers and arrests, detentions, beatings and sanctioning of participants. Noting the absence of information in the Government’s report, the Committee once again urged the Government to provide information on the application in practice of the above sections of the Criminal Code and of the Code of Administrative Offences, including copies of any court decisions defining or illustrating their scope, so as to enable the Committee to ascertain whether they are applied in a manner compatible with the Convention.

The Committee notes the observations made by the IUF that free press is restricted and censorship is exerted over state media, and freedom of assembly and public protests are strictly limited through regulations.

The Committee notes from the Government’s report that according to the information provided by the Supreme Court, in 2018, five cases were brought against six people under section 201(1) of the Code of Administrative Offences, out of which four people were fined and proceedings against two people were dropped. In the first half of 2019, five cases were brought against eight people under the same section of which six were fined, one case was dropped and one person was subject to administrative sanction. The Government further indicates that no cases were brought or sanctions applied under the provisions of the Criminal Code during 2018–2019. The Committee also notes from the ILO Third Party monitoring of child labour and forced labour during the 2018 cotton harvest in Uzbekistan that in 2018, the Uzbekistan media started reporting activities on forced labour issues and journalists were encouraged to cover forced labour issues. Moreover, local independent human rights activities were free to conduct their activities without any government interference. The Committee requests the Government to continue to provide information on the application in practice of sections 139, 140, 156, 216 and 216-1, 216-2 and section 217 of the Criminal Code as well as sections 346, 201, 202-1, 240 and 241 of the Code of Administrative Offences, including copies of any court decisions defining or illustrating their scope, so as to enable the Committee to ascertain whether they are applied in a manner compatible with the Convention.

Article 1(d). Sanctions involving compulsory labour for participation in strikes. In its previous comments, the Committee noted that section 218 of the Criminal Code punishes with imprisonment the participation in prohibited strikes under conditions of a state of emergency. It recalled that a suspension of the right to strike enforced by sanctions involving compulsory labour should be limited to the need to cope with cases of force majeure in the strict sense of the term – namely, when the existence or well-being of the whole or part of the population is endangered – provided that the duration of the prohibition is limited to the period of immediate necessity. The Committee requested the Government to provide information on the application of section 218 of the Criminal Code in practice.

The Committee notes the Government’s information that no cases were brought or sanctions applied under the Criminal Code during 2018–19. The Committee requests the Government to continue to provide information on the application in practice of section 218 of the Criminal Code, including copies of any court decisions defining or illustrating its scope, in order to enable the Committee to ascertain that no sanctions involving compulsory labour can be imposed for the mere fact of peacefully participating in strikes. The Committee also reiterates its request for information on any provisions under which penal sanctions could be imposed for participation in strikes in situations other than a state of emergency, as well as information on the application of such provisions in practice.

The Committee notes the observations of the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) received on 8 October 2020. Not having received other supplementary information from the Government, the Committee repeats its comments adopted in 2019 and reproduced below.

The Committee also notes the observations of the IUF received on 30 August 2019.

Article 1(b) of the Convention. Mobilization and use of labour for purposes of economic development in agriculture (cotton production). In its previous comments, the Committee noted the allegations made by the IUF that the Government of Uzbekistan continued to impose a state system of forced labour for the economic purpose of producing cotton. It also noted the International Trade Union Confederation’s (ITUC) observations that there were a number of cases of involuntary engagement of workers as well as cases of extortion for replacement payments by local authorities which needed to be investigated and prosecuted. In this regard, the Committee noted the information provided by the Council of the Federation of Trade Unions of Uzbekistan (CFTUU) on the various measures taken within the framework of cooperation between Uzbekistan, the ILO and the World Bank for the implementation of ILO Conventions on child and forced labour in 2016, including training courses and seminars on international labour standards and their implementation for employees of ministries, departments, NGOs and farmers; awareness-raising campaigns against child and forced labour; and monitoring and implementation of the Feedback Mechanism (FBM). Moreover, at a round table discussion held in Tashkent and entitled “Status and Prospects for Cooperation between Uzbekistan and the ILO” all the participants, including representatives of the ILO, IOE, ITUC, World Bank, UNDP, UNICEF and diplomatic representatives expressed their commitment and willingness to cooperate closely with Uzbekistan.

The Committee further noted the results of the ILO quantitative survey on employment practices in the agricultural sector conducted by the research centre (Ekspecrt fikri) which indicated a decrease in the number of cotton pickers from 3.2 million in 2014 to 2.8 million in 2015; an increase in the number of voluntary participants in the 2015 cotton harvest; and a decrease in the number of medical employees, educational workers and students among the cotton pickers. The Committee finally noted from the report of the ILO, Third Party Monitoring and Assessment of Measures to Reduce the Risk of Child Labour and Forced Labour during the 2016 cotton harvest (TPM report) that since the 2015 harvest, the Government had made further commitments against child and forced labour, especially within the Action Plan for Improving Labour Conditions, Employment and Social Protection of Workers in the Agricultural Sector 2016–2018. Several training workshops to build the capacity of officials, including Hokims (regional governors), were conducted before the harvest with ministries, organizations and entities involved at all levels. Public awareness campaigns during the harvest reached remote villages, and messages on child and forced labour, on labour rights, and on the FBM hotline were distributed nationwide. Referring to the preliminary results of the ILO quantitative survey, the TPM report indicated that of the 2.8 million cotton pickers in 2015, a significant number, about two-thirds, were recruited voluntarily and that those “at risk” of involuntary work were mainly from the education sector, medical staff and students. The TPM report indicated that the monitoring teams, led by ILO experts, who visited 50 medical care facilities found that they were functioning normally during the harvest and that the staff attendance were usually monitored. The TPM report further indicated that while the unacceptability of child labour were recognized by all segments of society, awareness on risks of forced labour needed to be improved. The TPM report concluded that while important measures had been introduced for the voluntary recruitment of cotton pickers, they were not robust enough to decisively change the recruitment practices. Referring to the recommendations indicated in the TPM report to reduce the risk of forced labour in the cotton harvest, the Committee strongly encouraged the Government to continue to take effective and time-bound measures to strengthen safeguards against the use of forced labour in the cotton harvest, including through strengthening a functioning labour relations system for cotton pickers, developing a high-quality training strategy for all actors involved in the cotton harvest and continuing to raise awareness among all segments of society about the risks of forced labour in the cotton harvest.

The Committee notes the observations made by the IUF that the mobilization and use of labour for economic development in agriculture and to an extent in other sectors, remains a massive, systematic, ubiquitous and truly nationwide practice involving military personnel and servicemen, doctors, teachers, employees of state enterprises and other workers.

The Committee notes the Government’s information in its report on the various legislative measures taken, including amendments and additions to the existing laws as well as adoption of new laws to improve the working and employment conditions in agriculture and to bring them into compliance with the fundamental standards and norms. In this regard, the Committee notes the Government’s reference to the following measures taken:

-Act No. ZRU-558 of August 2019 on insertion of amendments and additions to several pieces of legislation, including section 51 of the Administrative Liability Code, thereby stiffening the penalties for coercion to work and the engagement of children in forced labour;
-Order No. 197-ICh of the Ministry of Employment and Labour Relations (MELR) of 13 August 2019 on increasing the number of city and district state legal labour inspectors of the State Labour Inspectorate;
-Resolution No. 349 of the Cabinet of Ministers of 10 May 2018 on additional measures to eliminate forced labour through mandating the heads of state and economic administrative bodies at all levels to respond effectively to and stop the exaction of all types of forced labour from individuals, in particular, educational and healthcare workers, pupils, and employees of other public sector organizations, and to impose strict disciplinary measures against officials who directly or indirectly commit or allow the exaction of forced labour;
-Presidential Edict No. UP-5563 of 29 October 2018 on increasing the responsibility of heads of state bodies at all levels for prohibiting and eliminating forced labour in all its forms and manifestations;
-Resolution No. 799 of the Cabinet of Ministers of October 2017 on the organization of the operations of the Community Work Fund of the MELR with the aim of prohibiting forced labour by engaging individuals in paid community work.

The Government also indicates that notices regarding the prohibition of child labour and forced labour have been displayed in all localities, in healthcare and educational institutions and state organizations. Wide-scale campaigns on penalties for breaching the prohibition of child labour and forced labour have been conducted. With the assistance of the ILO, in 2018, 400 banners and 100,000 flyers on the prohibition of forced labour were distributed and placed in visible locations across the country. A short film on the FBM on forced labour was broadcasted on television. Tangible organizational and financial steps have been taken with a view to recruiting workers voluntarily for the cotton harvest. The Committee further notes the Government’s information regarding the reports on forced labour received by the FBM through a messaging service Telegram and a telephone hotline. According to this database, in 2016 and 2017, no more than 15 reports were received, in 2018, 2,135 reports were received. The state labour inspectors examined all the reports and in 284 cases concerning the use of forced labour, administrative penalties were imposed on persons forcing employees to pick cotton, including heads of the tax inspectorates and heads of the region, local council and local administrations (hokims). Orders were sent to 250 organizations to remedy breaches of the labour law and occupational safety and health; 50 representations were sent to heads of organizations; and a warning was sent to the Ministry of Defence. Disciplinary proceedings were brought against over 100 directors of comprehensive socio-economic development zones, 30 of them were dismissed from their posts, and 11 hokims were fined. Moreover, the Committee notes from the Government’s report that the ILO Decent Work Country Programme (DWCP) has been extended to 2020.

The Committee notes with interest from the report of the ILO, Third Party Monitoring of child labour and forced labour during the 2018 cotton harvest (TPM report of 2018) that Uzbekistan has demonstrated major progress in the eradication of forced labour in the cotton harvest of 2018. Forced labour was reduced by 48 per cent compared to 2017. According to this report, there is a continued strong political commitment and clear communications from the Government of Uzbekistan to eradicate forced labour. The Committee also notes the following positive developments and results achieved in 2018 as reflected in the TPM report:

-Systematic forced labour (refers to a situation of forced labour imposed by the Government in a methodical and organized manner) was not exacted by the Government during the 2018 cotton harvest;
-The prohibition on recruiting students, teachers, nurses and doctors was systematically implemented and generally observed at the local level;
-Wages were increased by up to 85 per cent compared to the previous harvest and cotton pickers were paid on time and in full;
-Media started reporting actively on forced labour. Journalists were encouraged by the Government to cover forced labour issues. Local independent human rights activists were free to conduct their monitoring activities;
-Labour inspectorate was strengthened with 200 inspectors receiving training by the ILO on forced labour investigations and were deployed throughout the country to investigate alleged forced labour cases; and
-Over 2,000 cases of forced labour were investigated and 206 hokims, officials and managers were sanctioned for forced labour violations, leading to fines, demotions and dismissals.

The Committee takes due note of the measures taken by the Government and their impact on reducing the number of cases of forced labour in cotton farming. It notes however from the TPM report of 2018 that while a vast majority of pickers are not in forced labour, there are still a considerable number of cases of forced labour (6.8 per cent or 170,000 people) mainly because the legacy of the centrally planned agriculture and economy (centrally set quotas) is still conducive to the exaction of forced labour. The TPM report states that although reforms announced by the central Government have had an impact, the uneven implementation of national policies, especially at the local level remains a challenge. The Committee therefore strongly encourages the Government to continue its efforts, including through its cooperation with the ILO and the social partners, within the framework of the DWCP, to ensure the complete elimination of the use of forced labour in cotton farming through the effective implementation of its policies at the local level. It requests the Government to continue to provide information on the measures taken to this end and the concrete results achieved, with an indication of the sanctions applied.

The Committee is raising other matters in a request addressed directly to the Government which reiterates the content of its previous request adopted in 2019.

Comments adopted by the CEACR: Uzbekistan

Adopted by the CEACR in 2021

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C047 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C087 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C105 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C105 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)