Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee would be grateful if the Government would supply, with its next report, copies of the legislation in force concerning the execution of criminal sentences, labour relations in the public service and the right to strike, as well as additional information on the following points.

Article 1(a) of the Convention. The Committee notes that the Criminal Code provides for various sanctions involving compulsory labour (such as deprivation of freedom, arrest and correctional tasks) for the “incitement of national, racial or religious enmity” (section 156), for the “creation or inclining to participate in the activity of prohibited social associations and religious organizations” (sections 216 and 216-1), for the “violation of legislation on religious organizations” (such as performance of illegal religious activity, evasion of the registration of the charter and conversion of believers from one confession to another) (section 216-2), as well as for the “violation of the procedure for the organization and conducting of assemblies, meetings, street processions or demonstrations” (section 217). Criminal sanctions may be imposed under sections 216, 216-1, 216-2 and 217 only after the application of administrative sanctions for such acts.

The Committee also notes that the Code of Administrative Offences contains provisions punishing with “administrative arrest” for a term of up to 15 days (which involves an obligation to perform labour under the supervision and control of local authorities, under section 346 of the Code), the “violation of the procedure for the organization and conducting of public gatherings, meetings, street marches and demonstrations” (section 201), the “inclining to the participation in the activity of illegal social associations and religious organizations” (section 202-1), the “violation of legislation on religious organizations” (such as the performance of illegal religious activity, evasion of the registration of the charter and conversion of believers from one confession to another) (section 240) and the “violation of the procedure of teaching of religion” (teaching without prior authorization or teaching by a person who did not receive a special religious education) (section 241).

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It refers in this connection to paragraphs 133-140 of its General Survey of 1979 on the abolition of forced labour, where it observed that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence; but sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the peaceful expression of views or of opposition to the established political, social or economic system, whether such prohibition is imposed by law or by a discretionary administrative decision.

The Committee therefore requests the Government to provide, in its next report, information on the application in practice of the abovementioned sections 156, 216, 216-1, 216-2 and 217 of the Criminal Code, and sections 201, 202-1, 240 and 241 of the Code of Administrative Offences, including copies of any court decisions defining or illustrating their scope, so as to enable the Committee to ascertain whether they are applied in a manner compatible with the Convention.

Article 1(b). Referring to its comments addressed to the Government under Convention No. 29, likewise ratified by Uzbekistan, the Committee notes the observations made by the Council of the Trade Unions Confederation of Uzbekistan, communicated by the Government with its report, which contain allegations concerning practices of a mobilization and use of labour for purposes of economic development in agriculture (cotton production), in which public sector workers, schoolchildren and university students are involved. The Committee requests the Government to comment on these observations, supplying copies of the relevant legislation, if any, and to provide information on measures taken or envisaged in order to ensure compliance with the Convention.

Article 1(c). The Committee notes that, under section 207 of the Criminal Code, a failure to fulfil or improper fulfilment by an official of his duties as a result of a negligent or unscrupulous attitude towards service, which has caused large-scale damage or material harm to the rights and legitimate interests of citizens or organizations, or interests of the society or the State, is punishable by correctional tasks for a term of up to three years. In order to enable the Committee to ascertain that section 207 is not used as a means of labour discipline within the meaning of the Convention, please supply information on its application in practice, including copies of any court decisions defining or illustrating its scope.

Article 1(d). The Committee notes that, in virtue of section 218 of the Criminal Code, participation in prohibited strikes under conditions of a state of emergency is punishable with fines or by arrest or deprivation of freedom. Please indicate whether there are provisions imposing penal sanctions on participants in illegal strikes in the situations not covered by a state of emergency, and if so, please supply copies, as well as information on the application of such provisions in practice, including copies of the relevant court decisions and indicating the penalties imposed.