Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Article 3 of the Convention. Worst forms of child labour. Clause (b). 
1. 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. It also noted that section 135 prohibits trafficking in persons for the purpose of exploitation.

The Committee notes that the Government’s report once again refers to section 135 of the Criminal Code, though observes that the text of this provision appears to focus exclusively on the exploitation of a person within the context of trafficking. The Committee also notes that section 121 of the Criminal Code prohibits the “[c]oercion of a woman to a sexual intercourse … by a person, on which the woman was in financial, service, or other dependence”. In this regard, the Committee recalls that Article 3(b) of the Convention refers to all persons (boys and girls) under 18 years of age, and observes an absence of information on provisions which prohibit the use of both boys and girls for the purpose of prostitution (for example, by a client). The Committee consequently requests the Government to take the necessary measures to ensure that the use of both boys and girls under 18 for the purpose of prostitution is explicitly prohibited in national legislation.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. Following its previous comments, the Committee notes that section 189 of the Code on Administrative Responsibility states it is an administrative offence to, inter alia, manufacture or distribute pictures, movies and video or sound recording with pornographic content, punishable to 40 to 100 times the minimum wage. The Committee also notes that, following the amendments to the Code on Administrative Responsibility of 16 April 2008 (No. ISG-153), section 188-1 states that it is prohibited to involve a minor in the commission of an administrative offence, and that this offence is punishable with a penalty of between 10 to 30 times the minimum wage.

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. Furthermore, it noted that the involvement of a minor in a crime by person who has previously committed any crime relating to the illegal circulation of drugs shall receive a harsher penalty. The Committee observed that this provision did not appear to prohibit the use, procuring or offering of a child for the production and trafficking of drugs, as required by Article 3(c) of the Convention.

The Committee notes that section 188 of the Code of Administrative Responsibility prohibits involving a child in anti-social behaviour (such as begging, drinking alcohol, or consumption of psychotropic substances). It also notes that section 188-1 of the Code of Administrative Responsibility (as amended in 2008) prohibits involving a minor in committing an administrative offence. The Committee requests the Government to indicate if the production and trafficking of drugs is an administrative offence, whereby section 188-1 of the Code of Administrative Responsibility would prohibit the involvement of a child in this worst form of child labour. If not, the Committee requests the Government to take immediate measures to ensure that the use, procuring or offering of a child under 18 years of age for the production and trafficking of drugs is prohibited, in conformity with Article 3(c) of the Convention.

Clause (d) and Article 4(1). Hazardous work and 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 noted that lists of these types of work had been established in 2001, and noted the Government’s indication that an inter-departmental working group was established to develop amendments to these lists.

The Committee notes the Government’s statement that the “List of occupations with unfavourable working conditions in which it is forbidden to employ persons under 18 years of age” was reviewed and approved by an order of the Ministry of Labour and Social Protection (MoLSP) and the Ministry of Health, and registered with the Ministry of Justice pursuant to Order No. 1990 on 29 July 2009. The Government also indicates that the “Specification of limitations for lifting and moving heavy objects by persons below 18 years” was also reviewed and approved by Order No. 1954 of 12 May 2009. The Committee requests the Government to provide copies of the revised “List of occupations with unfavourable working conditions in which it is forbidden to employ persons under 18 years of age” and the revised “Specification of limitations for lifting and moving heavy objects by persons below 18 years”, with its next report.

Article 5. Monitoring mechanisms. Labour inspectorate and occupational safety and health inspectorate. The Committee previously noted the Government’s indication that units of the state inspectorate and the occupational safety and health inspectorate, operating within the MoLSP, have been established in each district of the country. The Committee notes the Government’s indication in its report dated 7 June 2010 that the MoLSP issued instructions on the local monitoring of compliance with labour legislation, with respect to ensuring children’s rights. The Government indicates that this monitoring resulted in the issuance of 284 injunctions and that administrative proceedings were taken against 234 persons. The Government further indicates that the Ministry of Internal Affairs, in conjunction with relevant departments and voluntary organizations, conducted 700 special raids, which resulted in administrative charges for 28 persons for violations of labour legislation. The Committee requests the Government to continue to supply information on the activities of the state inspectorate and the Ministry of Internal Affairs with regard to the monitoring of the worst forms of child labour, in particular hazardous work. In this regard, it once again requests the Government to supply, with its next report, extracts of the inspection reports of the state inspectorate and the occupational safety and health inspectorate specifying the extent and nature of violations detected involving children and young persons engaged in the worst forms of child labour.

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 Government’s statement in its report dated 7 June 2010 that the NIC is composed of heads of ministries and departments, and that similar commissions have been established at the regional and district levels. The Committee also notes the information in the report of the UN Special Rapporteur on contemporary forms of slavery, including its causes and consequences, submitted to the UN Human Rights Council (HRC) on 26 August 2010 that, in accordance with the NAPT, sociological and criminological surveys of problems connected with human trafficking are conducted in conjunction with the Ijtimoii Fikr centre and the Manaviyat Va Marifat social centre. The UN Special Rapporteur also indicates that special investigative units have been set up throughout the country for the thorough investigation of offences related to the trafficking in persons. However, the Committee notes that the Committee on the Elimination of Discrimination Against Women (CEDAW), in its concluding observations of 26 January 2010, expressed concern at the persistence of trafficking of women and girls in the country, including cross-border trafficking, and at the fact that the country has become both a country of origin and destination, as well as a transit point, for trafficking in persons (CEDAW/C/UZB/CO/4, paragraph 26). The Committee therefore requests the Government to redouble its efforts to eliminate the sale and trafficking of persons under 18 years of age, and to consider the possibility of extending the current NAPT beyond 2010. It requests the Government to continue to provide information on measures taken in this regard and on the activities of the NIC related to the trafficking of children.

Article 7(1). Sanctions. The Committee previously noted the Government’s indication that the Criminal Code had been amended to increase the penalties for the offence of trafficking of a person under the age of 18 years. In this regard, the Committee notes 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. The Committee also notes the information in the UN Special Rapporteur’s report of 25 August 2010 that the Ministry of Internal Affairs has formulated and issued guidelines on the investigation of offences linked to human trafficking. The Committee once again requests the Government to provide information on the practical application of section 135(2)(a) of the Criminal Code, particularly the number of investigations, prosecutions, convictions and penalties imposed related to the trafficking of persons under the age of 18.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Sale and trafficking of children. The Committee previously noted that the Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations of 24 January 2006, expressed its concern that trafficking in persons is increasing in Uzbekistan (E/C.12/UZB/CO/1, paragraph 25). The Committee also noted the Government’s acknowledgement (in its report submitted to the HRC of 5 September 2008 for the Universal Periodic Review), that human trafficking was indeed an acute problem (A/HRC/WG.6/3/UZB/1, paragraph 28). The Committee further noted that the Act on the prevention of trafficking in persons provides for the implementation of several measures to prevent trafficking in persons, and requested the Government to provide information on the impact of the measures taken pursuant to this Act.

The Committee notes the Government’s statement in its report dated 3 February 2010 on the implementation of the National Plan of Action for the application of ILO Conventions Nos 138 and 182 (NPA on C. 138 and C. 182) that preventive work was carried out by the Ministry of Internal Affairs, in conjunction with other services, with regard to the fraudulent removal of children to work abroad. The Committee also notes the information in the UN Special Rapporteur’s report of 26 August 2010 that the MoLSP has taken measures to stop clandestine labour migration. The UN Special Rapporteur further indicates that the MoLSP conducts information campaigns through television advertisements, banners, posters, theatre plays, publications, seminars and conferences on the subject (A/HRC/15/20/Add.1, paragraph 76). However, the Committee notes that the CEDAW, in its concluding observations of 26 January 2010, expressed concern at the failure of the Government to address the root causes of trafficking, stating that this impedes efforts to address the problem of trafficking in a serious way. The CEDAW 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 therefore requests the Government to redouble its efforts, within the framework of the NAPT and the NPA on C. 138 and C. 182, to prevent the trafficking of persons under 18 years of age. It also requests the Government to provide information on concrete measures taken in this regard, and on the results achieved.

2. 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 a right to education, and for guaranteed free and compulsory general secondary education as well as secondary special vocational education. The Committee also noted that, in accordance with the Education Act and the Act on the national programme for the training of officials, the education system was reformed to provide for 12 years of free compulsory education. The Committee further noted the UNICEF information that access to primary and secondary education in Uzbekistan was above average for the region and that considerable efforts had been made to improve the quality of education, although a gap in access to primary school existed between the richest and poorest quintiles of the population.

The Committee notes the Government’s statement in its report dated 3 February 2010 that it has invested 12 per cent of its GDP annually into education over the last few years. The Government also indicates, in its report of 7 June 2010, that the education of orphans and children left without parents is based on full state support, in a manner determined by law. The Committee also notes the information in the Government’s report on the implementation of the NPA on C. 138 and C. 182 that the Government is taking measures to ensure the attendance of students in schools, pursuant to a joint resolution of the Ministry of Public Education, the Ministry of Higher and Secondary Special Education of November 2009 (No.-1-04/340, No. 43 and No. 322). Furthermore, the Government indicates that the Centre for Secondary Special Vocational Education approved instructions for monitoring the attendance of students studying in vocational education establishments (through Order No. 44 of 25 February 2009). This strengthened monitoring revealed that 7,016 such students were not attending school. Measures were taken to return 6,410 of these students to a vocational school while disciplinary proceedings were taken against 78 heads of vocational schools.

The Committee notes the information from the UNESCO Institute of Statistics that the net enrolment rate of children in primary education in Uzbekistan is 87 per cent for girls and 89 per cent for boys. The Committee also notes the information regarding Uzbekistan’s progress on the Millennium Development Goals from the United Nations Development Programme (UNDP) in Uzbekistan (https://undp.uz) indicating that the high enrolment rates do not always translate into continuous school attendance, as the proportion of children between the ages of 7 and 11 years who actually attend school is approximately 74 per cent for boys and 73 per cent for girls. The Committee further notes the information in a document entitled “UNICEF in Uzbekistan” (available on the UNICEF website (www.unicef.org)) that, while primary education is officially free, the rising costs of textbooks, meals, clothing and transport are leading to falling attendance rates. Moreover, a 2005 ILO–IPEC study entitled “Rapid Assessment of informal employment of children in urban and rural areas in Uzbekistan” (ILO–IPEC Rapid Assessment) indicates that a lack of money for textbooks and school clothes was an underlying factor for school drop-outs. Lastly, the Committee notes that the 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). 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 education system, and to take measures to address the costs of compulsory education, paying particular attention to children from the poorest segments of the population. It also urges the Government to redouble its efforts to ensure that enrolled students attend school, and to provide information on the results achieved with regard to increasing school attendance rates and decreasing drop-out rates.

Clause (b). Assistance for the removal of children from the worst forms of child labour. National Rehabilitation Centre to provide assistance and protection for the victims of trafficking in persons (National Rehabilitation Centre). 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 notes the statement in the UN Special Rapporteur’s report of 26 August 2010 that the construction of the National Rehabilitation Centre is almost complete and that the centre has been equipped with the necessary tools to provide victims with effective medical, psychological, legal and social support (A/HRC/15/20/Add.1, paragraph 74). However, the Committee also notes the statement in a UNICEF publication entitled “Risks and Realities of Child Trafficking and Exploitation in Central Asia” of 31 March 2010 (UNICEF Trafficking Report) that NGOs used to provide temporary shelters to victims of trafficking, but that these have been closed due to a lack of funding (page 83). The Committee further notes 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 therefore requests the Government to take the necessary measures to ensure that child victims of trafficking receive appropriate rehabilitative and social reintegration services. It requests the Government to provide information on the impact of the measures taken in this regard, including the number of children reached by the National Rehabilitation Centre, once this centre is operational.

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 of 2 June 2006 (CRC/C/UZB/CO/2, paragraph 62), shared the Government’s concern at the increasing number of street children. In this regard, the Committee notes the information available on the UNICEF website in a document entitled “UNICEF in Uzbekistan” that the official number of street children doubled between 2001 and 2004, to reach a total of 5,400 children. The Committee also notes the statement in the UNICEF Trafficking Report that children who work on the streets are highly visible (page 49). The Committee further notes the information in the ILO–IPEC Rapid Assessment that the majority of street children only attended primary school, dropping out by the age of 10 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). Considering that street children are particularly vulnerable to the worst forms of child labour, the Committee once again requests the Government to take effective and time-bound measures to ensure that such persons under 18 living and working on the streets are protected from these worst forms. It requests the Government to provide information on the impact of the measures taken in this regard.

Article 8. International cooperation and assistance. 1. International cooperation. The Committee previously noted the Government’s accession to the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (the Palermo Protocol) and requested information on the international cooperation measures undertaken by the Government to combat the trafficking of children. The Committee notes the information in the Government’s report of 7 June 2010 that international cooperation is carried out through the Agreement on Cooperation of the Commonwealth of Independent States for combating human trafficking, human organs and human tissues. The Government also indicates that it has bilateral agreements to combat crime with both Lithuania and the Islamic Republic of Iran. The Committee further notes 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” to assist the Government in its implementation of the Palermo Protocol. Through this project, the UNODC indicates that it is supporting the Government’s efforts to: strengthen human trafficking legislation; increase the capacity of law enforcement and prosecution officials through training; establish a human trafficking database and facilitate regional and international cooperation. The Committee requests the Government to provide information on the impact of the measures taken within the framework of this UNODC project, particularly with regard to combating the trafficking of children.

2. Poverty reduction. The Committee previously noted that the NPA on C. 138 and C. 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. In this regard, in 2008, the Makhalla Fund surveyed over 1 million families in order to identify disadvantaged families. Noting that poverty reduction programmes contribute to breaking the poverty cycle, which is essential for the elimination of the worst forms of child labour, the Committee requested information on the measures taken in this regard.

The Committee notes the information in the Government’s report on the implementation of the NPA on C. 138 and C. 182 that the Makhalla Fund has provided material assistance to more than 250,000 of the disadvantaged families that were identified. The Government also indicates that the MoLSP has helped 1,658 unemployed members of disadvantaged families find employment. The Government further states that, in local branches of the Ministry of Internal Affairs, databases were established on children in disadvantaged families, and 4,796 children so identified received social and legal assistance from Ministry of Internal Affairs centres. The Committee also notes the Government’s statement that the economic reforms carried out in Uzbekistan have achieved stable economic growth and resulted in higher rates of employment and higher family incomes, which constitute important preconditions for reducing the level of child labour in the country. The Committee requests the Government to continue to provide information on measures taken, within the framework of the NPA on C. 138 and C. 182, to protect children of poor families from the worst forms of child labour, and on the results achieved.

Part V of the report form. Application of the Convention in practice. The Committee previously noted that, in its concluding observations of 24 January 2006 (E/C.12/UZB/CO/1, paragraph 25), the CESCR expressed its concern about the lack of reliable information, including statistics, on the extent of the problem of trafficking in persons in Uzbekistan. It also noted that the NPA on C. 138 and C. 182 included plans to ensure the collection of data about the number of working persons under 18 years of age though regular inspections. The Committee also noted that the MoLSP carried out analyses and determines the number of persons aged under 18 years that are employed in the informal sector, conducted in accordance with Resolution No. 106 of 24 May 2007 of the Cabinet of Ministers.

The Committee notes the information in the Government’s report on the implementation of the NPA on C. 138 and C. 182 that the MoLSP intends to carry out an analysis and estimate of the number of persons under 18 years who are employed. The Government indicates that the methodology for the conduct of this survey has been approved through MoLSP Order No. 1033 of 29 June 2009, which also included measures to conduct a survey on child labour in the informal sector. The Committee requests the Government to provide statistical information from the MoLSP’s survey on the number of working children under the age of 18, especially concerning those children engaged in the worst forms, as soon as this survey is completed. It also requests the Government to provide information from the study on child labour in the informal sector. The Committee further requests the Government to provide any other information about the application of the Convention in practice, including statistics on the nature, extent and trends of the worst forms of child labour, in particular child trafficking for labour or sexual exploitation. To the extent possible, all information provided should be disaggregated by sex and age.

[The Government is asked to supply full particulars to the Conference at its 100th session and to reply in detail to the present comments in 2011.]