Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Abolition of Forced Labour Convention, 1957 (No. 105) - Uzbekistan (Ratification: 1997)

Other comments on C105

Observation

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The Committee notes the observations of the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) received on 8 October 2020. Not having received other supplementary information from the Government, the Committee repeats its comments adopted in 2019 and reproduced below.

The Committee also notes the observations of the IUF received on 30 August 2019.

Article 1(b) of the Convention. Mobilization and use of labour for purposes of economic development in agriculture (cotton production). In its previous comments, the Committee noted the allegations made by the IUF that the Government of Uzbekistan continued to impose a state system of forced labour for the economic purpose of producing cotton. It also noted the International Trade Union Confederation’s (ITUC) observations that there were a number of cases of involuntary engagement of workers as well as cases of extortion for replacement payments by local authorities which needed to be investigated and prosecuted. In this regard, the Committee noted the information provided by the Council of the Federation of Trade Unions of Uzbekistan (CFTUU) on the various measures taken within the framework of cooperation between Uzbekistan, the ILO and the World Bank for the implementation of ILO Conventions on child and forced labour in 2016, including training courses and seminars on international labour standards and their implementation for employees of ministries, departments, NGOs and farmers; awareness-raising campaigns against child and forced labour; and monitoring and implementation of the Feedback Mechanism (FBM). Moreover, at a round table discussion held in Tashkent and entitled “Status and Prospects for Cooperation between Uzbekistan and the ILO” all the participants, including representatives of the ILO, IOE, ITUC, World Bank, UNDP, UNICEF and diplomatic representatives expressed their commitment and willingness to cooperate closely with Uzbekistan.

The Committee further noted the results of the ILO quantitative survey on employment practices in the agricultural sector conducted by the research centre (Ekspecrt fikri) which indicated a decrease in the number of cotton pickers from 3.2 million in 2014 to 2.8 million in 2015; an increase in the number of voluntary participants in the 2015 cotton harvest; and a decrease in the number of medical employees, educational workers and students among the cotton pickers. The Committee finally noted from the report of the ILO, Third Party Monitoring and Assessment of Measures to Reduce the Risk of Child Labour and Forced Labour during the 2016 cotton harvest (TPM report) that since the 2015 harvest, the Government had made further commitments against child and forced labour, especially within the Action Plan for Improving Labour Conditions, Employment and Social Protection of Workers in the Agricultural Sector 2016–2018. Several training workshops to build the capacity of officials, including Hokims (regional governors), were conducted before the harvest with ministries, organizations and entities involved at all levels. Public awareness campaigns during the harvest reached remote villages, and messages on child and forced labour, on labour rights, and on the FBM hotline were distributed nationwide. Referring to the preliminary results of the ILO quantitative survey, the TPM report indicated that of the 2.8 million cotton pickers in 2015, a significant number, about two-thirds, were recruited voluntarily and that those “at risk” of involuntary work were mainly from the education sector, medical staff and students. The TPM report indicated that the monitoring teams, led by ILO experts, who visited 50 medical care facilities found that they were functioning normally during the harvest and that the staff attendance were usually monitored. The TPM report further indicated that while the unacceptability of child labour were recognized by all segments of society, awareness on risks of forced labour needed to be improved. The TPM report concluded that while important measures had been introduced for the voluntary recruitment of cotton pickers, they were not robust enough to decisively change the recruitment practices. Referring to the recommendations indicated in the TPM report to reduce the risk of forced labour in the cotton harvest, the Committee strongly encouraged the Government to continue to take effective and time-bound measures to strengthen safeguards against the use of forced labour in the cotton harvest, including through strengthening a functioning labour relations system for cotton pickers, developing a high-quality training strategy for all actors involved in the cotton harvest and continuing to raise awareness among all segments of society about the risks of forced labour in the cotton harvest.

The Committee notes the observations made by the IUF that the mobilization and use of labour for economic development in agriculture and to an extent in other sectors, remains a massive, systematic, ubiquitous and truly nationwide practice involving military personnel and servicemen, doctors, teachers, employees of state enterprises and other workers.

The Committee notes the Government’s information in its report on the various legislative measures taken, including amendments and additions to the existing laws as well as adoption of new laws to improve the working and employment conditions in agriculture and to bring them into compliance with the fundamental standards and norms. In this regard, the Committee notes the Government’s reference to the following measures taken:

-Act No. ZRU-558 of August 2019 on insertion of amendments and additions to several pieces of legislation, including section 51 of the Administrative Liability Code, thereby stiffening the penalties for coercion to work and the engagement of children in forced labour;
-Order No. 197-ICh of the Ministry of Employment and Labour Relations (MELR) of 13 August 2019 on increasing the number of city and district state legal labour inspectors of the State Labour Inspectorate;
-Resolution No. 349 of the Cabinet of Ministers of 10 May 2018 on additional measures to eliminate forced labour through mandating the heads of state and economic administrative bodies at all levels to respond effectively to and stop the exaction of all types of forced labour from individuals, in particular, educational and healthcare workers, pupils, and employees of other public sector organizations, and to impose strict disciplinary measures against officials who directly or indirectly commit or allow the exaction of forced labour;
-Presidential Edict No. UP-5563 of 29 October 2018 on increasing the responsibility of heads of state bodies at all levels for prohibiting and eliminating forced labour in all its forms and manifestations;
-Resolution No. 799 of the Cabinet of Ministers of October 2017 on the organization of the operations of the Community Work Fund of the MELR with the aim of prohibiting forced labour by engaging individuals in paid community work.

The Government also indicates that notices regarding the prohibition of child labour and forced labour have been displayed in all localities, in healthcare and educational institutions and state organizations. Wide-scale campaigns on penalties for breaching the prohibition of child labour and forced labour have been conducted. With the assistance of the ILO, in 2018, 400 banners and 100,000 flyers on the prohibition of forced labour were distributed and placed in visible locations across the country. A short film on the FBM on forced labour was broadcasted on television. Tangible organizational and financial steps have been taken with a view to recruiting workers voluntarily for the cotton harvest. The Committee further notes the Government’s information regarding the reports on forced labour received by the FBM through a messaging service Telegram and a telephone hotline. According to this database, in 2016 and 2017, no more than 15 reports were received, in 2018, 2,135 reports were received. The state labour inspectors examined all the reports and in 284 cases concerning the use of forced labour, administrative penalties were imposed on persons forcing employees to pick cotton, including heads of the tax inspectorates and heads of the region, local council and local administrations (hokims). Orders were sent to 250 organizations to remedy breaches of the labour law and occupational safety and health; 50 representations were sent to heads of organizations; and a warning was sent to the Ministry of Defence. Disciplinary proceedings were brought against over 100 directors of comprehensive socio-economic development zones, 30 of them were dismissed from their posts, and 11 hokims were fined. Moreover, the Committee notes from the Government’s report that the ILO Decent Work Country Programme (DWCP) has been extended to 2020.

The Committee notes with interest from the report of the ILO, Third Party Monitoring of child labour and forced labour during the 2018 cotton harvest (TPM report of 2018) that Uzbekistan has demonstrated major progress in the eradication of forced labour in the cotton harvest of 2018. Forced labour was reduced by 48 per cent compared to 2017. According to this report, there is a continued strong political commitment and clear communications from the Government of Uzbekistan to eradicate forced labour. The Committee also notes the following positive developments and results achieved in 2018 as reflected in the TPM report:

-Systematic forced labour (refers to a situation of forced labour imposed by the Government in a methodical and organized manner) was not exacted by the Government during the 2018 cotton harvest;
-The prohibition on recruiting students, teachers, nurses and doctors was systematically implemented and generally observed at the local level;
-Wages were increased by up to 85 per cent compared to the previous harvest and cotton pickers were paid on time and in full;
-Media started reporting actively on forced labour. Journalists were encouraged by the Government to cover forced labour issues. Local independent human rights activists were free to conduct their monitoring activities;
-Labour inspectorate was strengthened with 200 inspectors receiving training by the ILO on forced labour investigations and were deployed throughout the country to investigate alleged forced labour cases; and
-Over 2,000 cases of forced labour were investigated and 206 hokims, officials and managers were sanctioned for forced labour violations, leading to fines, demotions and dismissals.

The Committee takes due note of the measures taken by the Government and their impact on reducing the number of cases of forced labour in cotton farming. It notes however from the TPM report of 2018 that while a vast majority of pickers are not in forced labour, there are still a considerable number of cases of forced labour (6.8 per cent or 170,000 people) mainly because the legacy of the centrally planned agriculture and economy (centrally set quotas) is still conducive to the exaction of forced labour. The TPM report states that although reforms announced by the central Government have had an impact, the uneven implementation of national policies, especially at the local level remains a challenge. The Committee therefore strongly encourages the Government to continue its efforts, including through its cooperation with the ILO and the social partners, within the framework of the DWCP, to ensure the complete elimination of the use of forced labour in cotton farming through the effective implementation of its policies at the local level. It requests the Government to continue 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 which reiterates the content of its previous request adopted in 2019.