Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Ouzbékistan (Ratification: 2008)

Autre commentaire sur C182

Observation

Demande directe

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Article 3 of the Convention. Clause (b). Worst forms of child labour. Use, procuring or offering of a child for prostitution. The Committee previously observed that section 10 of the Act on guarantees of the rights of the child (which provides for the protection of persons under 18 from all forms of exploitation, including inducement to criminal activity and prostitution) covers the prohibition of procuring or offering of a child for prostitution, but not the use of a child for that end.

The Committee notes the information in the Government’s report that section 190 of the Code on Administrative Liability prohibits the profession of prostitution. In this regard, the Committee notes that section 190 of the Code on Administrative Liability states that prostitution is punishable by a fine of from one to three times the minimum wage. However, the Committee observes that this provision appears to penalize a person who works as a prostitute, but does not penalize a person who hires or uses a prostitute, as a client. In this regard, the Committee requests the Government to indicate the relevant provisions prohibiting the use (i.e. by a client) of both boys and girls under 18 years of age for the purpose of prostitution.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that section 127 of the Criminal Code provides that involving a minor in begging, or the consumption of narcotic drugs or psychotropic substances is a criminal offence. The Committee also noted that section 188 of the Code of Administrative Responsibility prohibits the involvement of a child in anti-social behaviour (such as begging, drinking alcohol, or consumption of psychotropic substances) and that section 188-1 of the Code of Administrative Responsibility (as amended in 2008) prohibits the involvement of a minor in committing an administrative offence. It requested the Government to indicate if the production and trafficking of drugs was included as an offence covered by section 188-1 of the Code of Administrative Responsibility.

The Committee notes the information in the Government’s report that section 188-1 of the Code of Administrative Responsibility encompasses acts related to the involvement of minors in drug trafficking and production.

Article 4(1). Determination of the list of types of hazardous work. The Committee previously noted that section 241 of the Labour Code prohibits the employment of persons under 18 years of age in work in unfavourable conditions, underground work and work which may harm their health, safety or morality as well as prohibiting these persons from lifting and handling weights exceeding the maximum permissible standards. The Committee observed that the list of these types of work had been established in 2001, and noted the Government’s indication that an amended list had been approved by an order of the Ministry of Labour and Social Protection and the Ministry of Health in 2009. The Committee requested a copy of this amended list.

The Committee takes due note of the “List of works with the unfavourable working conditions, in which the use of labour of the persons under 18 years shall be prohibited” No. 1990, which was approved and was registered at the Ministry of Justice of the Republic of Uzbekistan of 29 July 2009. It observes that this list contains a detailed listing of 33 categories of hazardous activities prohibited to persons under the age of 18, and that each category contains a comprehensive list of prohibited tasks.

Article 6. Programmes of action to eliminate the worst forms of child labour. National Action Plan to increase the effectiveness of the combating of trafficking in persons. The Committee previously noted the approval of a National Action Plan to increase the effectiveness of the combating of trafficking in persons 2008–10 (NAPT). The Committee also noted that the NAPT established a National Inter-agency Trafficking Commission (NIC), tasked with coordinating activities of agencies in the area of preventing trafficking in persons, as well as collecting and analysing information regarding trafficking in persons.

The Committee notes the information in the Government’s report that a Plan of Action against trafficking in persons for 2011–12 is being implemented, and that law enforcement bodies, ministries and agencies as well as non-governmental organizations are participating in its implementation. The Government also indicates that the NIC has carried out work designed to improve the interaction between these different actors in this regard. The Government states that numerous meetings have been held with territorial commissions to discuss the status of efforts to combat human trafficking, and that these meetings have identified the appropriate measures to increase the efficiency of these efforts. The Committee encourages the Government to pursue its efforts to eliminate the sale and trafficking of persons under 18 years of age, within the framework of the Plan of Action against trafficking in persons for 2011–12.

Article 7(1). Sanctions. The Committee previously noted that section 135(2)(a) of the Criminal Code, as amended in 2008, states that the offence of trafficking committed against a person known to the perpetrator to be under the age of 18 shall be punishable with imprisonment from eight to 12 years. It requested information on the practical application of this provision.

The Committee notes the information in the Government’s report that law enforcement bodies of the country have initiated 1,410 criminal cases in 2010 under section 135 of the Criminal Code, involving 847 persons and that these cases were directed to the courts. The Government also indicates that in the first seven months of 2011, 212 trafficking cases were initiated under section 135 of the Criminal Code. Of the 1,003 persons identified as victims of trafficking in 2011, 51 victims were minors, including 23 boys and 28 girls.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted that the legislative framework in Uzbekistan (the Constitution and the Act on guarantees of the rights of the child) provides for a right to education, and for guaranteed free and compulsory general secondary education as well as secondary special vocational education. However, the Committee noted the information from UNICEF that, while primary education is officially free, the rising costs of textbooks, meals, clothing and transport are leading to falling attendance rates. The Committee further noted that the Committee on the Elimination of Discrimination Against Women (CEDAW), in its concluding observations of 26 January 2010, expressed concern at the hidden unofficial costs of education and recommended that the Government ensure that primary education is free and accessible to all children and to take measures to eliminate all hidden costs of school attendance (CEDAW/C/UZB/CO/4, paragraph 30 and 31). In addition, the Committee noted the Government’s indication that the Centre for Secondary Special Vocational Education approved instructions for monitoring the attendance of students.

The Committee notes the Government’s indication that budgetary allocations for the Programme on school and educational development amounted to 2,664.5 billion Uzbekistani Soms (UZS) in 2009 and UZS2,205.6 billion in 2010, which contributed to reducing the expenses of parents for their children’s education. The Government states that particular attention has been paid to support for children from poor families, including the provision of clothes for school. The Government further states that the rate of graduation from the ninth class of general education was 96.8 per cent in 2009 and 97.1 per cent in 2010. The Committee notes that, through the monitoring of the attendance of students, 3,045 secondary and vocational school students were identified as not attending classes in 2010. The reasons for their non-attendance included insufficient quality of education, the distance between educational establishments and the homes of the children and health reasons. The Government states that, as a result of the measures taken, more than 29,000 students have been returned to classes. Considering that access to free basic education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to pursue its efforts to improve the functioning of the educational system, paying particular attention to children from the poorest segments of the population.

Sale and trafficking of children. The Committee previously noted that the CEDAW, in its concluding observations of 26 January 2010, requested the Government to take proactive and sustained measures to, inter alia, ensure the prevention of trafficking (CEDAW/C/UZB/CO/4, paragraphs 26 and 27).

The Committee notes the Government’s statement that the NIC has intensified its awareness-raising activities, with a view to informing citizens on the consequences of crimes related to trafficking in persons. In this regard, the Government states that many awareness raising events have been organized by the NIC, and that numerous banners, posters and booklets have been distributed on the subject. The Government refers to a survey carried out by the Centre for Public Opinion Studies on the awareness of citizens of the crime of trafficking, which found that 90 per cent of respondents were aware of the crime of human trafficking, and 88 per cent of respondents had learned of these crimes through the Government’s television broadcasts.

Clause (b). Assistance for the removal of children from the worst forms of child labour and to provide for their rehabilitation and social integration. Child victims of trafficking. The Committee previously noted that the Act on the prevention of trafficking in persons provides for the establishment of specialized institutions to ensure the protection of victims of trafficking and to provide them with assistance. In this regard, the Government adopted a resolution on the formation of the National Rehabilitation Centre in November 2008. The Committee also noted that the CEDAW, in its concluding observations of 26 January 2010, expressed concern regarding the inadequate rehabilitation procedures available to victims of trafficking who have returned from abroad (CEDAW/C/UZB/CO/4, paragraph 26).

The Committee notes the Government’s statement that one of the main tasks of the NIC is to provide medical, psychological, legal, social and other assistance to victims of trafficking for the purpose of their complete rehabilitation. The Committee also notes the information in the Government’s report that the building for the National Rehabilitation Centre in Tashkent was completed at the end of 2009, and that this Centre provides assistance to victims of trafficking. The Government indicates that the Centre provides good living conditions and food, as well as medical, psychological, legal and social support. The Government indicates that medical and social rehabilitation assistance measures have been provided by the Centre to 360 persons since 2009, including some children.

Clause (d). Children at special risk. Street children. The Committee previously noted that the Committee on the Rights of the Child, in its concluding observations (2 June 2006, CRC/C/UZB/CO/2, paragraph 62), expressed its concern at the increasing number of street children. In this regard, the Committee noted the information from the UNICEF that the official number of street children doubled between 2001 and 2004, to reach a total of 5,400 children. The Committee also noted the statement in the UNICEF Trafficking Report that children who work on the streets are highly visible (page 49). The Committee further noted the information in the ILO–IPEC Rapid Assessment that the majority of street children only attended primary school, dropping out by the age of ten or 12. The ILO–IPEC Rapid Assessment also indicates that begging, theft and prostitution are among the most common sources of earnings for these street children (pages 55–56).

The Committee notes the Government’s statement that 2,380 street children have been identified and settled, and that 311,000 minors living in socially vulnerable conditions have received social and legal assistance. The Government further indicates that the social protection provided to children without parents has been improved, as has the support offered to children from low-income and vulnerable families, particularly through the “Mekhribonlik” houses which provide education to these children. The Committee notes the Government’s indication that, as a result of the measures taken to support vulnerable children, and to provide for their rehabilitation, child criminality has decreased by 25 per cent between 2000 and 2010. Considering that street children are particularly vulnerable to the worst forms of child labour, the Committee encourages the Government to pursue its efforts to ensure that persons under 18 living and working on the streets are protected from these worst forms. It requests the Government to continue to provide information on the impact of the measures taken in this regard.

Article 8. International cooperation and assistance. International cooperation. The Committee previously noted the information from the UN Office on Drugs and Crime (UNODC) of July 2009 that it is implementing a project entitled “Strengthening the criminal justice response to trafficking in persons in Uzbekistan”. The Committee requested the Government to continue to provide information on international cooperation measures taken in this regard.

The Committee notes the Government’s indication that through the UNODC project, regular meetings have been held between the authorities of law enforcement bodies and experts in the field of combating trafficking in persons. The Government also states that, within the project of the Organization for Security and Cooperation in Europe (OSCE) entitled “Increased efficiency in combating trafficking in persons for the purpose of labour and sexual exploitation”, a publication has been prepared, and a working visit was organized with a delegation of representatives from Moldova, Italy and France, in order to exchange experiences on combating trafficking. The Committee also notes the information from the OSCE that several workshops have been held in Uzbekistan on the subject of combating trafficking, including a three-day workshop held in Tashkent in October 2011 on the challenges of addressing the threats of human trafficking, as well as best practices in identifying trafficked persons, supporting the victims in their claims for their rights and facilitating their access to justice.

Poverty reduction. The Committee previously noted that the National Plan of Action on the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182), included the identification and social protection of children in risk groups, and measures to monitor (on a quarterly basis) the situation of children in poor families. The Committee requested information on measures taken, within the framework of the NPA on Conventions Nos 138 and 182, to protect children of poor families from the worst forms of child labour, and on the results achieved.

The Committee notes the Government’s statement that the National Plan of Action has led to concrete results. The Government states that the Ministry of Labour and Social Protection has elaborated and introduced to the Cabinet proposals regarding the advisability of developing the draft Action Plan for 2011–13, and that this draft National Action Plan takes into account the recommendations of this Committee. The Government indicates that this National Action Plan includes measure designed to ensure the rights and interests of socially vulnerable children. Lastly, the Committee notes the information in the Government’s report that the territorial units of the Ministry of Internal Affairs have created the database on at-risk minors from poor families, and that 7,274 children have received social and legal assistance in Centres of the Ministry of Internal Affairs in 2010.

Part V of the report form. Application of the Convention in practice. The Committee previously noted that the NPA on Conventions Nos 138 and 182 included plans for the Ministry of Labour and Social Protection to carry out an analysis and estimate of the number of persons under 18 years who are employed.

The Committee notes the information in the Government’s report that, within the framework of the quarterly survey of employment of the population, carried out in accordance with the Cabinet Minister Decision of 24 May 2007, No. 106, a special analysis is being undertaken to assess the number of persons under 18 years of age who are employed. It indicates that a special methodology has been elaborated to this end. The Committee also notes the information in the Government’s report that, regarding the recruitment of persons for labour and sexual exploitation, 565 criminal cases were initiated with respect to 846 persons in 2010, and 92 criminal cases with respect to 142 persons during the first three months of 2011. The Committee requests the Government to provide statistical information from the survey of employment of the population, as well as any other relevant data collected, concerning children engaged in the worst forms of child labour, as soon as this survey is completed.