Observation (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Ouzbékistan (Ratification: 1997)

Autre commentaire sur C105

Observation

Demande directe

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The Committee notes the Government’s report received on 26 October 2015. It also notes the observations of the International Organisation of Employers (IOE), received on 1 September 2015, and the International Trade Union Confederation (ITUC), received on 3 September 2015, as well as the Government’s reply to both communications, received on 13 November 2015.

Article 1(b) of the Convention. Mobilization and use of labour for purposes of economic development in agriculture (cotton production). The Committee previously noted the allegations made by the IOE and the ITUC regarding the persistent use of state-sponsored forced labour of adults for purposes of economic development in cotton production. The Committee also noted that the Government refuted the allegations, indicating that workers called upon to participate in agricultural work are engaged through individual employment contracts, being paid for the work performed, in addition to receiving the wage for their usual jobs. The Committee noted that, according to the high-level mission report on the monitoring of child labour during the 2013 cotton harvest, although the focus was not on forced labour of adults, the monitors were in a position to note issues relating to: the recruitment of labour to harvest cotton; the potential of mechanization and its consequences on the labour market; and the realization of the fundamental rights of workers, including respect for the effective implementation of the present Convention. In this regard, the Committee noted the subsequent development and adoption in April 2014 of a Decent Work Country Programme (DWCP) for 2014–16 in cooperation between the Office, the social partners and the Government, which identifies measures to ensure that conditions of work and employment in agriculture, including in cotton farming, are in conformity with fundamental standards. To this end, the component of the DWCP on the application of Convention No. 105 establishes four performance indicators (a survey on working conditions in agriculture, including in the cotton-growing industry; national law and practice is reviewed and monitored; number of labour inspectors that demonstrate improved knowledge and skills to recognize forced labour practices; and number of roundtables held on forced labour both for the business community and for representatives of local government and administration, educational institutions, trade unions and the media).

The Committee notes that, in its observations received in September 2015, the IOE emphasizes that, since the adoption of the DWCP in 2014, the Government and the social partners in Uzbekistan, with the active support of the ILO, have been working to ensure the elimination of possible risks of forced labour in cotton fields. Referring to the round-table discussion held in August 2015 in Tashkent, in which the IOE was involved, it indicates that important discussions was held on the survey aimed at improving understanding of recruitment and retention practices in agriculture, and that the qualitative results demonstrated the presence of some risks of forced labour in cotton fields, often linked to the recruitment system and the lack of employment contracts. The IOE adds that, in the coming months, the ILO will continue with the quantitative part of the survey to better measure the extent of the risk of forced labour. The IOE indicates that it remains attentive to the results of the 2015 monitoring process on possible risks of forced labour, including on the measures taken to monitor the cotton harvest, strengthen record keeping in educational institutions, apply sanctions and further raise public awareness of this subject.

The Committee further notes that, in its observations received in September 2015, the ITUC indicates that, while the measures taken in the country, in cooperation with the ILO in the framework of the DWCP, have proved to be effective by and large in eliminating child labour in the cotton sector, it is concerned about the continued presence of forced labour practices and other violations of the workers’ rights of adults during harvest periods. The ITUC adds that the modalities of the monitoring for the 2015 cotton harvest were discussed during the round-table discussion held in August 2015, in which it was involved, and that it looks forward to the results. The ITUC further expresses concern about the misapplication of section 95 of the Labour Code, as this provision has allegedly been used as a basis for the involuntary transfer of workers from their workplace to the cotton fields. It urges the Government to make sure that the Labour Code cannot be used by employers to transfer workers from their workplaces to implement work in areas not related to their employment occupation, and particularly in the cotton fields. The ITUC also urges the Government to intensify the implementation of the DWCP, in collaboration with the social partners and the ILO, as well as to ensure that no citizen is coerced by the Government to pick cotton under threat, that farmers are able to recruit labour, inter alia, by raising the price of raw cotton, and to ensure that any cases of forced labour reported by human rights activists are investigated and perpetrators duly penalized.

The Committee notes the Government’s indication in its report that the components of the DWCP continued to be implemented in 2015. To this end, several round-table discussions were held in Tashkent in May, August and November 2015 with the social partners and the ILO. The Government refers to the Memorandum of Understanding signed on 14 October 2014 between the World Bank and the ILO, which provides for a Third Party Monitoring (TPM) of the use of child labour and forced labour during the 2015 cotton harvest, to be conducted by the ILO to assess any potential use of child and forced labour by the beneficiaries of World Bank projects in specific project areas. The Government indicates that to this end the Cabinet of Ministers adopted on 17 July 2015 a plan of measures “guaranteeing the voluntary recruitment of cotton pickers and the inadmissibility of work by minors and forced labour during the 2015 cotton harvest” with particular focus on the inadmissibility of engaging participants under the age of 18 years from schools, academic lyceums and professional colleges, as well as workers from health and education facilities. It adds that the Prime Minister addressed instructions to the Governors of all provinces to this end on 3 October 2015. The Committee notes the Government’s indication that awareness-raising activities against child and forced labour were carried out resulting in 52,664 posters and 772 banners being displayed in prominent locations across the country. This also involved the distribution of relevant materials mentioning telephone hotline numbers, opened from 18 September 2015, which gave instructions on how cases of forced labour in the cotton harvest should be reported to the state labour inspectorate or to the Council of the Federation of Trade Unions of the Uzbekistan (CFTUU). A website was also established to raise the awareness of citizens concerning this Feedback Mechanism. The Government indicates that, from 15 September 2015, a legal clinic within the Coordination Council became operational to examine any complaint received on issues connected with forced labour. The Committee notes the Government’s statement that, according to the results of the Feedback Mechanism, 155 communications were received and examined, including 39 from foreign sources and 15 from human rights defenders, and a great majority of them concerned rights at work. As a result, persons whose wages had been withheld were paid a total amount of 11,608,000 Uzbekistani som (UZS) and two persons were charged administratively and had to pay fines. The Government indicates that no act of coercion could be confirmed, in particular concerning any allegations of forced labour by civil servants or the requirement to pay another person to pick cotton. With reference to section 95 of the Labour Code, after recalling the measures taken to clarify its content, the Government observes that in practice some employers may have an incorrect interpretation of this provision and that the trade unions have proposed that information and awareness-raising activities shall be conducted. The Government adds that, in the context of the DWCP, work is currently under way on a quantitative survey of recruitment practices and conditions of work in agriculture in order to determine the risks of forced labour in cotton fields.

The Committee notes the report of 18 November 2015 of the TPM on the use of child labour and forced labour during the 2015 cotton harvest, which was conducted by the ILO for the World Bank. The monitoring took place between 14 September and 31 October 2015 in 1,100 sites located in the ten provinces where the World Bank supports projects, and 9,620 interviews were carried out with the objective of assessing the incidence of child labour and forced labour in the monitored areas. Training of the ten monitoring teams, each consisting of an ILO monitor and five national monitors, and briefings for stakeholders were conducted prior to and during the 2015 cotton harvest in the framework of the DWCP. The Committee welcomes the policy commitments adopted by the Government during the 2015 cotton harvest in the context of the DWCP to carry out an awareness-raising campaign on the abolition and prevention of the use of forced labour during the cotton harvest, and not to recruit medical staff and teachers for the harvest. The Committee notes that, as highlighted in the TPM report, while awareness of child labour is already at a high level, awareness of forced labour is still at an early stage. Further nationwide efforts by the Government and the social partners will be needed to ensure that the population is sensitized, and that messages on forced labour are effectively understood, as participating in the cotton harvest is frequently seen as a patriotic duty, a communal service tradition or justified by section 95 of the Labour Code. The Committee further notes from the TPM report that, as a result of the commitments made by the Government, the Coordination Council established a Feedback Mechanism (FBM) with the assistance of the ILO and the World Bank to provide information and resolve any complaints about the use of forced labour during the 2015 cotton harvest. The Committee notes that some complaints of forced labour have been made to the FBM, but that its usage was very low. The Committee also notes that the Coordinating Council is undertaking an evaluation of the FBM and will share the results and the data gathered with both the World Bank and the ILO. It notes that, according to the TPM report, monitors visited 254 cotton fields and interviewed 1,456 cotton pickers, 263 farmers or brigade leaders and seven children in the fields. The Committee notes that the use of children in the cotton harvest has become rare, sporadic and socially unacceptable, even if ongoing vigilance is needed. The monitors observed that thousands of students over 18 years of age participated in organized harvesting supervised by teachers, but that their participation seems to have been voluntary. The TPM report indicates that large-scale organized recruitment for cotton picking took place, but that this recruitment takes different forms, depending on how the authorities decide to use the human resources at their disposal to meet their cotton quota. The Committee notes that, according to the report of the TPM, in a certain number of cases workers from both the public and the private sectors indicated that they were forced to pick cotton against their will or had to pay someone else to pick cotton. The Committee notes that, while monitors were told that workers voluntarily picked cotton in their own time for cash and rewards, they observed that the organized recruitment of large numbers of persons in such a short period of time carries certain risks linked to workers’ rights and that certain indicators of forced labour were observed, such as the withholding of wages, abusive working and living conditions and excessive overtime.

The Committee also notes from the TPM report that monitors faced some difficulties as interviewees were more willing to say that they knew others who were told to pick cotton against their will, than to say they were in such a situation themselves. While monitors were able to gather documents, such as employment contracts and letters by students volunteering to harvest cotton, they were more commonly told that the documents were unavailable. There were also gaps in staff attendance registers. The Committee further notes the indication in the TPM report that consistent information was received from other sources that forced labour is more widespread than the monitoring process alone suggests, and that teachers and medical staff, as well as private businesses, reportedly more often claimed than detected by the monitors that they were picking cotton against their will or providing money or goods than detected by the monitors. In this regard, the Committee notes that, while acknowledging the measures taken by the State party to reduce forced labour of children under the age of 16 years in the cotton sector, the Human Rights Committee, in its concluding observations of July 2015, expressed concern at consistent reports indicating an increase in the use of forced labour of students and adults in the cotton and silk sectors (CCPR/C/UZB/CO/4).

The Committee welcomes the involvement of the Government and the social partners, in the context of the DWCP, which has had a positive impact on the use of child and forced labour in the 2015 cotton harvest. The Committee notes however that the TPM concludes that, while recent policy commitments not to recruit medical staff and teachers, combined with awareness-raising campaigns, have had an impact, this has not yet been sufficient to ensure that compulsory labour, or payment in lieu of such labour, is not practiced in these sectors, especially outside working hours. Noting that the TPM concludes that further work is needed to mitigate the risk of, and to strengthen safeguards against the use of forced labour, particularly in assessing the real willingness of pickers to engage in the cotton harvest, the Committee strongly encourages the Government to continue cooperating with the ILO and the social partners, in the framework of the DWCP, to ensure that the recruitment and engagement of public and private sector workers, as well as students, particularly over the age of 18 years, in cotton farming is carried out in a manner compatible with the Convention. With regard to the Government’s reference to an evaluation of the Feedback Mechanism undertaken by the Coordination Council, the Committee requests the Government to provide information on its outcome and on any measures taken as a result. The Committee once again urges the Government to pursue its efforts to ensure the complete elimination of the use of compulsory labour of public and private sector workers, as well as students, in cotton farming, and requests it 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.