Observation (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

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

Autre commentaire sur C182

Observation

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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 3(a) and (d) of the Convention. Worst forms of child labour. Forced or compulsory labour in cotton production and hazardous work. In its previous comments, the Committee 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 also noted 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 to combat child labour. Moreover, a feedback mechanism (FBM) with telephone hotline numbers was established by the Tripartite Coordination Council on Child Labour which received complaints and investigated grievances while providing redress in some cases.

The Committee further noted the various measures taken by the Government to prevent the engagement of children in the cotton harvest, including ministerial instructions, awareness and training events, attendance tracking of pupils and staff as well as measures within the framework of the Action Plan for Improving Labour Conditions, Employment and Social Protection of Workers in the Agricultural Sector 2016–18. Moreover, the ILO Third Party Monitoring (TPM) report on the assessment of measures to reduce the risk of child labour and forced labour during the 2016 harvest, in its conclusions, stated that the national monitoring, the FBM and the Ministry of Public Education were playing an increasing role in preventive measures and had put in place measures to prevent the organized use of children in the cotton harvest. The report further stated that child labour generally did not exist in cotton picking and that the ongoing vigilance, in this regard, seemed to be fully recognized in Uzbekistan. The Committee requested 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 and 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 notes the observations made by the IUF that serious efforts by the central government have led to a significant reduction in the use of child labour but the quota system (annual cotton production quota imposed on the farmers by the Government) which still exists in the country contributes to the perpetuation of child labour practices in the agricultural sector.

The Committee notes the Government’s information in its report on the measures taken, including legislative measures to eliminate the use of child labour in the agricultural sector. Accordingly, the Committee notes the Government’s reference to the adoption of Law No. ZRU-558 on insertions of amendments and additions into several pieces of legislation, including section 51 of the Administrative Liability Code thereby stiffening the penalties for engaging a child in forced labour. The penalties include a fine of between 30 and 50 times the minimum monthly remuneration (previously between 5 and 15 times) and a repeat of the offence attracts a fine of between 50 and 100 times the monthly remuneration. The Government also indicates that following the approval of resolution No. 407 of the Cabinet of Ministers of 31 August 2018, consultations were held with representatives of workers’ and employers’ organisations and an annual plan of national measures to monitor compliance with the fundamental principles and rights at work, using ILO methodology and tools during the cotton harvest has been approved. The Committee further notes the Government’s information that during the 2018 monitoring, the ILO assisted the Ministry of Employment and Labour Relations in training over 300 labour inspectors in identifying child and forced labour and on methods of carrying out such inspections. In this regard, 11,000 interviews were carried out without prior notification and over 7,000 people were trained in fair recruitment for the cotton-harvesting season. Moreover, 500 employees of the prosecution service, labour inspectors and trade union officials underwent training in methods to verify cases of child and forced labour. The Committee further notes the Government’s information that the DWCP has been extended up to 2020 and a road map for its implementation and to widen cooperation with the ILO has been approved on 1 August 2019. The Government further referring to the Report of the United States Department of Labour, 2019 states that Uzbek cotton has been removed from the List for Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labour (Executive Order 13226) mainly due to the rarity of cases of child labour in the cotton sector.

The Committee notes from the report published on 1 April 2019 of the ILO Third Party Monitoring of child labour and forced labour during the 2018 cotton harvest (TPM report of 2018) that Uzbekistan demonstrated major progress in the eradication of child labour in the cotton harvest of 2018. It notes with satisfaction from the conclusions of the TPM report of 2018 that children are no longer involved in the cotton harvest and the systematic or systemic child labour is no longer a matter of concern. School children and students were not mobilized for cotton picking in the 2018 cotton harvest. The Committee requests the Government to continue its efforts to ensure the elimination of compulsory labour and hazardous work of children below the age of 18 years in cotton production, including through awareness raising and monitoring of child labour during the cotton harvest. The Committee requests the Government to continue providing information in this regard.

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