Observation (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Ouzbékistan (Ratification: 1997)

Autre commentaire sur C105

Observation

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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 Trade Union Confederation (ITUC) dated 21 August 2013 and the International Organisation of Employers (IOE) dated 1 September 2013, as well as the Government’s reply to both communications, dated 31 October 2013. The Committee further notes the ITUC’s observations dated 25 November 2013, which refer to the systematic state mobilization of the forced labour of adults 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 1(b) of the Convention. Mobilization and use of labour for purposes of economic development in agriculture (cotton production). In its earlier comments, the Committee noted the allegations made by the IOE and the ITUC concerning the systematic and persistent use of forced labour of adults for purposes of economic development in cotton production. The Committee also noted that the Government denied these allegations and reiterated that under no circumstances may employers use compulsory labour for the production or harvesting of agricultural products in Uzbekistan, the exaction of forced labour being punishable with penal and administrative sanctions.

The Committee notes that the ITUC, in its communication dated 21 August 2013, states that despite legislative and policy measures taken to address forced labour, the Government has not provided evidence of any impact of these measures. State-sponsored forced labour of adults continued during the 2012 cotton harvest in virtually all administrative areas in Uzbekistan, and the burden of field work shifted from younger children to children over the age of 15 and adults, including university students, public sector workers, citizens who receive welfare benefits and private sector employees. With regard to schools, colleges, universities, hospitals and ministries, groups of employees were assigned to pick cotton for two to three weeks on a rotating basis. Approximately 60 per cent of teachers were forced to pick cotton, and the only way to avoid such work was by paying a fine of 400,000 Uzbekistani soms (approximately US$183). The ITUC further alleges that the Government defines an annual cotton production quota for farmers, and those farmers that fail to meet this quota face severe consequences including loss of their land, prosecution on criminal charges and physical punishment. During the 2012 cotton harvest, authorities intensified efforts to mobilize labour to harvest cotton including through police intimidation, extortion and threats regarding loss of jobs, pensions and welfare benefits. Additionally, in January 2013, the Government required public sector employees to sign new contracts that included a clause that they would voluntarily help with agriculture and farming work. The ITUC also provides information on the poor working conditions of cotton pickers, including poor accommodation, long working hours and the lack of safe drinking water.

The Committee notes that the IOE, in its most recent communication dated 1 September 2013, states that as the preparation for the 2103 cotton harvest began, it appeared that teachers had been enlisted to prepare for the cotton season. The IOE emphasizes that new information on the 2013 cotton harvest would soon be available, and that if the cotton harvest replicated the same scenario as in previous years, the Government would be failing to comply with its obligations under the Convention. Previous years had involved a state-ordered system of forced labour for the cotton harvest, whereby farmers and employees in the public and private sector were obligated to collect cotton. Refusal to work, or failure to meet a quota, could result in beatings, threats, expulsion from university, loss of employment, loss of public benefits and the confiscation of land. The IOE underlines that it is expecting the full engagement of the Government and the national social partners to address these issues, including the implementation as a matter of urgency of measures to apply the Convention, the improvement in the exchange of information between the Government and the ILO (particularly this Committee), and the enhancement of a wide monitoring process where ILO representatives would have full freedom of movement and access to all regions and relevant parties.

The Committee notes that the Government, in its report dated 3 May 2013, states that workers called upon to participate in agricultural work are paid for the work they perform, in addition to receiving the average wage for their usual job. The Committee also notes the Government’s statement in its reply to the comments of the ITUC dated 31 October 2013 that all the cotton produced in the country is grown by private farmers. The Government indicates that during the cotton harvest, pickers are engaged through individual employment contracts, generally motivated by a desire to earn additional income, and a minimum payment is set per kilogram of cotton picked. It also indicates that in the run-up to the 2013 cotton harvest, the Council of the Federation of Trades Unions carried out an initiative regarding the establishment of favourable working and living conditions for the cotton pickers and timely payment of their wages, which was supported by the Government. Recommendations in this regard were brought to the attention of local authorities, labour inspectorates and farmers, and this trade union monitored the observance of labour legislation and labour protection during the performance of cotton-picking work, as well as rules relating to sanitary and hygiene conditions, the availability of medical care and the provision of drinking water and three full hot meals a day. Moreover, hotlines have been set up at all trades union bodies for workers to report violations of their labour rights, and no reports of violations of the rights of workers had thus far been received in the 2013 cotton harvest.

In addition, the Committee notes the Government’s reply to the comments of the IOE that the institutional foundations have been established for resolving this issue. The Government states that the Action Plan for Co-operation with the ILO for 2013–15 has been adopted in accordance with decisions taken at the round table held on 17–18 July 2013 in Tashkent. Under this Plan, a Decent Work Country Programme and a programme for cooperation with ILO–IPEC have been drafted.

In this regard, the Committee notes the information in the high-level mission report that, following a round table in July 2013, it was agreed that there would be joint ILO–Uzbek monitoring of the cotton harvest in 2013 based on the ILO proposed document on child labour monitoring. The monitoring took place from 11 September until 31 October 2013, covering approximately 40,000 kilometres across the country. The monitoring units had full access and were on no occasion hindered in their access to any cotton farm, school or community in any zone. These units made 806 documented site visits comprised of 406 farms, 206 households, and 395 places offering education to children and young people. During stops at farms, schools, colleges, lyceums, and buildings within communities in the vicinity of the farms, the units interviewed employers, farmers, adult farm workers, children found in or around cotton farms, teachers, school administrators, students, parents and community members. Of the 275 colleges and lyceums covered by the monitoring, monitors found six closed colleges in two zones and significant absenteeism in grades one and two of colleges in four zones. One of the reasons provided in interviews with school staff was that they were closed for the cotton harvest but that students under 18 years of age were reassigned to other classes or activities. The mission report does not indicate whether students over the age of 18 at these colleges, closed due to the cotton harvest, participated in the harvest on a voluntary basis. In this regard, the mission report emphasizes that the monitoring carried out during the cotton harvest was limited to the scope of the Worst Forms of Child Labour Convention, 1999 (No. 182), and that, consequently, the monitoring results cannot either establish or deny reported practices of forced labour of adults. Nevertheless, the Committee observes the monitoring report which states that the monitors were in a position to note other issues relevant to the mandate of the ILO. The report also states that, importantly, among these issues is the framework and various practices under which the entire cotton production is conducted. This pertains to the campaign and recruitment of the labour force to harvest the cotton, the potential and consequences of mechanization on the labour market, and the realization of fundamental rights of the workers, including the respect for the effective implementation of the Convention. The mission report further states that comprehensive inter-ministerial support and action will be required to fully address all relevant issues related to cotton production and harvest.

In this regard, the Committee welcomes the Government’s statement, in its report of 11 November 2013, expressing its readiness for the further broad development of cooperation with the ILO within the framework of the Decent Work concept, including effective measures for eradicating forced and child labour in accordance with this Convention and Convention No. 182 and requesting the ILO to provide technical assistance for questions of their implementation. The Government states that the social partners, represented by the Council of the Federation of Trade Unions, the Chamber of Commerce and Industry and the Union of Farmers of Uzbekistan have also expressed their readiness for expanded cooperation with the ILO as well as other interested organizations (such as the IOE and ITUC) who express good will, strive towards constructive dialogue and wish to assist Uzbekistan in the questions of prohibiting forced labour. Taking due note of the Government’s collaboration with the ILO during the cotton harvest in 2013, as well as its stated commitment to implementing this Convention, the Committee urges the Government to pursue its efforts to ensure the complete elimination of the use of compulsory labour of public and private sector workers as well as students in cotton production. In this regard, it urges the Government to continue to engage in cooperation with the ILO and the social partners, within the framework of a country programme, towards the full application of the Convention. It requests the Government to provide information on concrete measures taken in this respect, in its next report.

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.]