Observación (CEACR) - Adopción: 2015, Publicación: 105ª reunión CIT (2016)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Uzbekistán (Ratificación : 2008)

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Observación

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The Committee notes the observations of the International Organisation of Employers (IOE), received on 1 September 2015, as well as the Government’s report received on 26 October 2015.

Article 3(a) and (d) of the Convention. Worst forms of child labour. Forced or compulsory labour in cotton production and hazardous work. The Committee previously noted the various legal provisions in Uzbekistan which prohibit both forced labour (including article 37 of the Constitution, section 7 of the Labour Code, and section 138 of the Criminal Code) and the engagement of children in watering and picking cotton (pursuant to the list of occupations with unfavourable working conditions in which it is forbidden to employ persons under 18 years of age). It noted with interest the adoption of a Decent Work Country Programme (DWCP) 2014–16, which contains components on the application of the Convention and the Minimum Age Convention, 1973 (No. 138), as well as their corollary indicators: (i) demonstrated improved knowledge on child labour issues; (ii) legislative and institutional changes in child labour, including the revision of the hazardous child labour list; (iii) results of the national child labour monitoring; and (iv) cases of good practice on child labour. The Committee also noted that one of the priorities of the DWCP is to ensure that conditions of work and employment in agriculture, including in the cotton-growing industry, will be in conformity with the fundamental Conventions.

Moreover, the Committee noted that monitoring took place from 18 September to 25 October 2014, carried out by monitoring units composed of representatives of Government, trade unions, the Chamber of Commerce and the Council of Farmers which undertook rotating visits covering nearly 40,000 kilometres, including 172 rural districts and towns and 711 sites with potential risks (consisting of 316 vocational training colleges and academic lyceums and 395 farms). The Committee recalls the results of this monitoring, which are set out in detail in its previous comment and which found 49 observations of children in the cotton fields, mostly older children. The Committee further noted that directors of 11 professional colleges in five districts and two heads of farms and six brigadiers were held administratively responsible for the violations of child labour and were charged with fines. The Committee observed that although some children continued to be engaged in the cotton harvest, progress was made towards the full application of the Convention and requested the Government to continue to strengthen its efforts to ensure the effective implementation of national legislation prohibiting compulsory labour and hazardous work by children below the age of 18 years.

The Committee notes that, in its most recent comments, the IOE notes positively the rapid development in the country towards a complete eradication of child labour. The IOE further expresses the hope that the cooperation between the ILO and the Government of Uzbekistan on the eradication of child labour will continue and that ILO technical assistance in monitoring, training and follow-up will be ensured in the coming years.

The Committee notes that a Third Party Monitoring (TPM) of the Use of Child Labour and Forced Labour during the 2015 cotton harvest, which was agreed to by the Uzbek partners, World Bank and the ILO at the round table held in Tashkent in March and August 2015, was conducted by the ILO from 14 September to 31 October 2015. The Committee notes from the TPM report of November 2015 that the authorities have taken a range of measures to reduce the incidence of child labour and make it socially unacceptable. Trainings and briefings for stakeholders were conducted prior to and during the harvest, which is a continuation of the work started between the ILO and its partners in Uzbekistan in 2013 and embodied in the DWCP. The TPM report also indicates that awareness on the unacceptability of using children under 18 years for the cotton harvest is high and that the use of children in the cotton harvest has become rare and sporadic.

According to the TPM report, ten monitoring teams, each consisting of an ILO monitor and five national monitors, visited 1,100 sites located in ten provinces and conducted 9,620 interviews. The monitors interviewed seven children found in the cotton fields, of which six were aged 16–17 years and reported five observations of children picking cotton. Monitors did not report any empty classes or significant absences in the pupil attendance registers. The Committee further notes from the TPM report that the Coordination Council on Child Labour established a Feedback Mechanism (FBM) which contains telephone hotline numbers which were displayed on the awareness-raising posters and publicity. The FBM receives allegations and investigates grievances while providing redress in some cases. The Committee welcomes the policy commitments undertaken by the Government regarding the prevention and elimination of the use of child labour during the cotton harvest. It notes with interest that these commitments have had a significant impact. The Committee considers that these measures should be maintained and kept under review so as to achieve maximum impact, especially among 16–17 year old children. The Committee therefore requests the Government to continue its efforts to ensure the effective implementation of national legislation prohibiting compulsory labour and hazardous work for children below the age of 18 years. In this regard, it requests the Government to continue to implement the DWCP in collaboration with the ILO, and with the participation of the Coordination Council as well as to continue its measures to monitor the cotton harvest, strengthen record keeping in educational institutions, apply sanctions against persons who engage children in the cotton harvest, and further raise public awareness on this subject.

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