Observation (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Ouzbékistan (Ratification: 2008)

Autre commentaire sur C182

Observation

Demande directe

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The Committee notes the Government’s report received on 22 August 2014. It also notes the observations of the International Organisation of Employers (IOE), received on 1 September 2014, as well as the Government’s reply, received on 29 October 2014. The Committee further notes the observations of the Council of the Federation of Trade Unions of Uzbekistan (CFTUU), received on 26 September 2014. These observations were transmitted to the Government for its comments.

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). The Committee also noted the discussion of the Conference Committee on the Application of Standards during the 102nd Session of the International Labour Conference in June 2013 regarding the application of the Convention by Uzbekistan, as well as the subsequent round table discussion with the ILO, the UNDP, UNICEF, the European Commission and the representatives of national and international organizations of workers and employers in July 2013. Finally, the Committee noted the joint ILO–Uzbek monitoring, which took place from 11 September until 31 October 2013 with the ILO and national monitoring units, which carried out unannounced visits covering approximately 40,000 kilometres across the country and reported 62 observations of children in the cotton fields, including 57 confirmed cases of children working in the cotton fields.

The Committee recalls the results of this monitoring mission, which are set out in detail in its previous comment and which ultimately found that, although the application of the law to not engage children under 18 years of age in the cotton harvest was strengthening, gaps in practice remained with respect to children between the ages of 16 and 17 years. Finally, the Committee recalls the Government’s expressed commitment to further cooperate with the ILO on a wider basis within the framework of the Decent Work Agenda and its request for ILO technical assistance to implement the framework and various policies to abolish child and forced labour.

The Committee notes that, in its most recent comments, the IOE welcomes the results of the ILO–Uzbek monitoring as a clear demonstration of the Government and national social partners’ commitment and cooperation with the ILO towards the eradication of child labour practices in the country. The IOE further expresses its expectation that the full engagement of the Government and national social partners will continue, and requests information on the measures taken by the Government to integrate children who were removed from the 2013 cotton harvest into the education system and the penalties imposed on the responsible persons, as well as the results of the recent 2014 monitoring of the cotton harvest and the improvement of the inspection system.

The Committee also notes the observations of the CFTUU, which highlight the recent activities of the Coordination Council on Child Labour Issues (Coordination Council), a permanent public body that consists of representatives of Government, trade unions, employers’ associations and other civil society bodies and international organizations to monitor the use of child labour, including in seasonal work, and to coordinate measures aimed at eliminating the exploitation of child labour. The CFTUU states that the Coordination Council intends to monitor the use of child labour in cotton production during the second half of 2014.

The Committee notes the Government’s reply to the IOE, which highlights the monitoring efforts that took place during the September–October 2014 cotton harvest, as well as recent measures undertaken jointly with the Chamber of Commerce and the CFTUU to implement the ILO Conventions, including systematic education and awareness-raising seminars on the worst forms of child labour.

The Committee notes with interest the Government’s information contained in its report concerning the development and adoption of a Decent Work Country Programme 2014–16 (DWCP), which was signed between the Ministry of Labour and Social Protection, the Council of Federation of Trade Unions, the Chamber of Commerce and Industry and the ILO on 25 April 2014. The Committee notes, in particular, the components on the application of the Convention and the Minimum Age Convention, 1973 (No. 138), as well as their corollary indicators: (i) demonstrated improved knowledge on child labour issues; (ii) legislative and institutional changes in child labour, including the revision of the hazardous child labour list; (iii) results of the national child labour monitoring; and (iv) cases of good practice on child labour. In addition, the Committee notes that one of the priorities of the DWCP is to ensure that conditions of work and employment in agriculture, including in the cotton-growing industry, will be in conformity with the fundamental Conventions. It also notes the Government’s information concerning a subsequent round table discussion with ILO representatives, in August 2014, concerning the implementation of the DWCP. The Government also refers to Cabinet Resolution No. 132 of 27 May 2014 on additional measures to implement ILO Conventions in 2014–16, such as undertaking legislative reforms, cooperation programmes and capacity-building measures, as well as national monitoring using ILO–IPEC methodology. Finally, the Committee notes the Government’s statement that the relevant ministries and their departments, as well as other organizations concerned, are taking the necessary steps to carry out the ILO’s recommendations.

The Committee also takes due note of the recent statistical information from the 2014 cotton harvest monitoring submitted by the Coordination Council, which was received on 12 November 2014. The Committee notes that this monitoring took place from 18 September to 25 October 2014 and was carried out by monitoring units composed of representatives of Government, trade unions, the Chamber of Commerce and the Council of Farmers. The monitoring units undertook rotating visits covering nearly 40,000 kilometres, including 172 rural districts and towns and 711 sites with potential risks (consisting of 316 vocational training colleges and academic lyceums and 395 farms). There were no reports of non-cooperation filed by any of the monitors. In total, 745 documented interviews were carried out. The report notes that 91 per cent of students were present in the educational institutions that were visited, and that official instructions by the prosecutor’s office and local government bodies on prohibiting minors in the field were posted, including written confirmations by parents that their children should not be engaged in the cotton harvest. In addition, the report indicates that nearly all secondary-level schools maintained up-to-date attendance records, and that farmers had written contracts with the cotton pickers.

The results of the monitoring indicate that, overall, monitors reported 49 observations of children in the cotton fields, mostly older children. Of these cases, nine took place in Bukhara, six in Sirdyarsk, 11 in Tashkent, two in Gerghana and two in Khorezm. The report further indicates that directors of 11 professional colleges in five districts were held administratively responsible for the violations of child labour and were charged with fines of over 8.5 million Uzbeki som (UZS) (approximately US$3,552.74); two heads of farms and six brigadiers were held administratively responsible in two districts and were charged with fines of over UZS3.2 million (approximately US$1,337.50); and one head of farm received a written warning.

The Committee welcomes the Government’s programmatic measures and initiatives, including by adopting and implementing the DWCP, as well as its continuing efforts to monitor the cotton harvests to ensure that prohibitions against the use of children under the age of 18 years are effectively implemented and that sanctions for non-compliance are applied. It observes that although some children continue to be engaged in the cotton harvest, progress continues to be made towards the full application of the Convention. The Committee requests the Government to continue to 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 implement the DWCP in collaboration with the ILO, including with the participation of the Coordination Council. The Committee requests the Government to continue to provide updated information in this respect, including on 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 matters in a request addressed directly to the Government.

[The Government is asked to reply in detail to the present comments in 2015.]