Observación (CEACR) - Adopción: 2013, Publicación: 103ª reunión CIT (2014)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Uzbekistán (Ratificación : 2008)

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Observación

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Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 102nd Session, June 2013)

The Committee notes the Government’s reports dated 3 and 6 May 2013 and 11 November 2013. It also notes the communication of the International Organisation of Employers (IOE), dated 1 September 2013, and the communication of the International Trade Union Confederation (ITUC), dated 21 August 2013, as well as the Government’s reply to both communications, dated 31 October 2013. The Committee further takes note of the detailed discussions that took place at the 102nd Session of the Conference Committee on the Application of Standards in June 2013, concerning the application by Uzbekistan of the Convention. In addition, the Committee notes the ITUC’s observations contained in a communication dated 25 November 2013, which refer to the systematic state mobilization of the forced labour of children in the 2013 cotton harvest. These observations were transmitted to the Government for its comments. Lastly, it notes the report of the ILO high-level mission (mission report) on the monitoring of child labour during the 2013 cotton harvest in Uzbekistan, dated 19 November 2013.

Article 3(a) and (d) of the Convention. Worst forms of child labour. Forced or compulsory labour in cotton production and hazardous work. The Committee previously 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). However, the Committee also noted the communications, over a number of years, from the IOE and the ITUC, indicating that despite this legislative framework, children were mobilized each year to work in the national cotton harvest in a systematic manner by the State, and that this work was frequently hazardous. The Committee further noted the broad consensus among several United Nations bodies with respect to the practice of mobilizing schoolchildren for work in the cotton harvest. In addition, the Committee noted the discussions that took place at the Conference Committee in June 2010 and June 2011 concerning the Convention’s application by Uzbekistan.

The Committee notes that, in its conclusions adopted at its most recent discussion regarding the application of the Convention by Uzbekistan in June 2013, the Conference Committee urged the Government to pursue its efforts to undertake, in the very near future, a round table discussion with the ILO, UNDP, UNICEF, the European Commission and the representatives of national and international organizations of workers and employers with a view to accepting an ILO high-level monitoring mission during the 2013 cotton harvest. This roundtable discussion took place in July 2013, and it was agreed that joint ILO–Uzbek monitoring would take place during the cotton harvest, based on the ILO proposed document on child labour monitoring. The principles for this monitoring would be credibility, transparency, objectivity, reliability, validity, the best interests of the child and local observation. Moreover, it was agreed that ILO–IPEC would resume activities in the country, to support capacity building, engage in advocacy, and provide technical advisory services, with monitoring being the first activity.

The Committee notes the statement in a report submitted by the ITUC under the Abolition of Forced Labour Convention, 1957 (No. 105), dated 21 August 2013, that in 2012 the Government systematically forced children aged 15–17 years, studying at colleges and lyceums, to pick cotton in 2012, and that in May 2013, children were forced to undertake preparatory tasks for the harvest, such as weeding and tilling.

The Committee notes the statement of the IOE that the discussion at this roundtable indicated that child labour remains a difficult issue in the country. It states that the Government’s acceptance of the resumption of ILO–IPEC activities in the country, as well as its work with the ILO to develop a broader technical cooperation project based on the Decent Work Agenda, are steps forward. The IOE states that the full engagement from the Government and the national social partners is necessary for implementing measures to address child labour in the country, improving the exchange of information between the Government and the ILO (particularly this Committee) and enhancing a wide monitoring process.

The Committee notes with interest that joint ILO–Uzbek monitoring took place from 11 September until 31 October 2013 by monitoring units composed of both ILO and national monitors. These monitoring units had full access and undertook unannounced visits covering approximately 40,000 kilometres across the country (which was divided up into eight zones for the purpose of monitoring). The units made 806 documented site visits comprised of 406 farms, 206 households and 395 places offering education to children and young people. The units also conducted 1,592 documented interviews with employers, farmers, adult farm workers, children found in or around cotton farms, teachers, school administrators, students, parents and community members. There were no reports of non-cooperation filed by any of the monitors. During the site visits, monitoring units requested written documentation including identification papers, work lists, contracts of employment, payment slips, school attendance records, practical work experience placements and course lists. The mission report indicates that in some districts, monitors noted that improvements were needed with regard to school record keeping, in particular concerning school attendance, the work study programmes, and class schedules. The monitoring units also followed up on numerous allegations, complaints and information obtained from the social media. Sometimes the monitoring units were unable to verify the social media information. On other occasions, this information proved to be useful, relevant and verifiable. Moreover, the international monitors engaged in local awareness-raising and knowledge-building activities, holding over 20 seminars and trainings on decent work, international labour standards and child labour.

The mission report indicates that, overall, the monitors reported 62 observations of children in the cotton fields, including 57 confirmed cases of children working in the cotton fields. Of these cases, 53 children between the ages of 16 and 17 years (21 girls and 32 boys) were engaged in picking cotton. These confirmed cases were found in two out of the eight zones. Monitors reported no closed secondary schools across all areas, but six closed colleges in two zones were detected as well as significant absenteeism in grades one and two of colleges in four zones. In interviews with school staff, high rates of absenteeism was attributed to students being engaged in practical work experience programmes. It was indicated that closures were due to an epidemic, or due to the cotton harvest, but that students under 18 years of age were reassigned to other classes or activities. It was noted that the one zone where a relatively large number of children were found picking cotton corresponded to a higher level of absenteeism in the colleges. The mission report states that where child labour was found and could be documented, follow-up action was taken by the local authorities to ensure that the child was assisted and sent back to the educational institution. In some cases, reprimands, warnings or fines were issued against farmers and the responsible persons in the educational institutions.

The mission report also states that there was good and productive collaboration and cooperation on the part of the national and local authorities in Uzbekistan in the preparation process and throughout the monitoring period. Monitoring across all eight zones reported widespread awareness of national instructions transmitted to and through the Mahalla (the local administrations), to not allow the use of children under 18 years of age in the cotton harvest. The mission report further states that while the application of the law to not engage children under 18 years of age in the cotton harvest seems to be strengthening, there remain gaps in practice. Some child labour still takes place during the cotton harvest, but to a limited extent. The mission report states that it would appear that forced child labour was not used on a systematic basis in Uzbekistan to harvest cotton in 2013.

The Committee notes the Government’s statement in its report dated 11 November 2013, that in the course of the monitoring, where child labour was identified, relevant follow-up measures were taken to help reintegrate children into educational institutions. In specific cases, responsible persons were subject to administrative penalties. The Government indicates that it would be useful to further improve public monitoring to prevent the use of children under 18 in the cotton harvest, as well as to address other issues of compliance with labour standards. In this regard, the Government states that it is committed to further cooperate with the ILO on a wider basis within the framework of the Decent Work Agenda, including policies to abolish child and forced labour as required by this Conventions and Convention No. 105, and it requests ILO technical assistance in matters of their implementation. The Committee observes from the mission report that these matters of implementation relate, inter alia, to the framework and various practices under which the entire cotton production is conducted. It refers, in this regard, to its comments made under Convention No. 105.

The Committee welcomes the Government’s collaboration with the ILO on the monitoring of child labour during the cotton harvest, and takes due note of the Government’s demonstrated political will to address the issue of child labour in the country. It observes that although some children aged 16 and 17 years old continue to be engaged in the cotton harvest, significant progress has been made towards the full application of the Convention. The Committee urges the Government to pursue and strengthen its efforts to ensure the effective implementation of national legislation prohibiting compulsory labour and hazardous work for children below the age of 18 years. In this regard, it urges the Government to continue to collaborate with the ILO, particularly ILO–IPEC, as well as with the social partners, with a view to completely eliminating the engagement of children, including those between 16 and 18 years of age, in hazardous work in the cotton harvest. The Committee requests the Government to continue to provide information on measures taken in this regard, including measures taken 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 is raising other points in a request addressed directly to the Government.

[The Government is asked to reply in detail to the present comments in 2014.]