Observation (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

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 observations of the International Union of Food, Agricultural, Hotel, Restaurant, Tobacco and Allied Workers’ Associations (IUF) received on 31 August 2016, the observations of the International Trade Union Confederation (ITUC) received on 2 September 2016 and the observations of the Council of the Federation of Trade Unions of Uzbekistan (CFTUU) received on 21 November 2016, as well as the Government’s report received on 9 September 2016.

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 observations made by the International Organisation of Employers (IOE) that, since the adoption of the Decent Work Country Programme (DWCP) in 2014, the Government and the social partners in Uzbekistan, with the active support of the ILO, had been working to ensure the elimination of possible risks of forced labour in cotton fields. It also noted the statement made by the ITUC that, while the measures taken in the country in cooperation with the ILO in the framework of the DWCP had proven to be effective, by and large, in eliminating child labour in the cotton sector, it was concerned about the continued presence of forced labour practices and other violations of adult workers’ rights during the harvest period.

The Committee noted the adoption of an action plan in July 2015 guaranteeing the voluntary recruitment of cotton pickers and preventing forced and under-age labour during the cotton harvest as well as the directive from the Prime Minister to the Governors of all provinces to take urgent measures in this regard. The Committee also noted from the report of the Third Party Monitoring (TPM) on the use of child labour and forced labour during the 2015 cotton harvest, that with the assistance of the ILO and the World Bank, a Feedback Mechanism (FBM) was established by the Coordination Council to provide information and resolve any complaints about the use of forced labour during the 2015 cotton harvest. However, the Committee noted from the report of the TPM that while awareness of child labour was already at a high level, awareness of forced labour was still at an early stage. The report indicated that large-scale organized recruitment for cotton picking took place, but such recruitment took different forms depending on how the authorities decided to use the human resources at their disposal to meet their cotton quota. In a certain number of cases workers from both the public and private sectors indicated that they were forced to pick cotton against their will or had to pay someone else to pick cotton. The Committee noted from the TPM report that there were gaps in staff attendance registers and that consistent information was received from other sources that forced labour was more widespread than the monitoring process alone suggested.

The Committee notes the allegations made by the IUF that the Government of Uzbekistan continues to impose a state system of forced labour for the economic purpose of producing cotton. The IUF states that during the 2015 cotton harvest, more than 1 million people, including students, teachers, doctors, nurses and employees of government agencies and private business workers were forced to pick cotton under threat of a penalty, especially losing their jobs. Moreover, the Government imposes annual production quotas on farmers and uses coercion to enforce them. They are therefore obliged to fulfil production quotas or face a penalty.

Moreover, the Committee notes that the ITUC expresses the hope that the awareness-raising campaigns implemented by the social partners concerning child and forced labour and the establishment of grievance and redress mechanisms that the workers can use to report labour violations will be efficient and effective. The ITUC also indicates that there are a number of cases of involuntary engagement of workers as well as cases of extortion for replacement payments by local authorities which need to be investigated and prosecuted.

The Committee further notes the information provided by the CFTUU on the following measures taken in 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: (i) training courses and seminars were conducted to improve the capacity of employees of ministries, departments, NGOs and farmers, including topics such as international labour standards and their implementation; (ii) awareness-raising campaigns against child and forced labour were carried out resulting in the dissemination of 100,000 flyers, 44,500 posters and 386 banners and an additional 500 banners by Farmers’ Councils on voluntary employment; (iii) the concept of the 2016 national monitoring of the child and forced labour was revised so as to empower monitoring groups to address the identified problems on the spot through negotiations with employers on the basis of social partnership principles; and (iv) the FBM at the initiative of the Coordination Council on Child Labour issues, and another at the call centre of the Ministry of Labour, was being implemented. The CFTUU further indicates that the National Monitoring Group carried out 386 visits to the regions and cities of Uzbekistan, covering 1,940 entities, including farms, colleges, high schools, pre-school educational institutions, small businesses and health facilities, during which the working conditions of about 53,000 cotton pickers were examined. During these visits, the National Monitoring Group found: unauthorized access to the cotton fields of 79 students over 18 years during school hours for the purpose of earning extra money, and a total of 1,543 teachers and health workers who were involved in cotton-picking during their spare time. Moreover, on 74 farms, insufficient working conditions and rest periods for cotton pickers were identified.

The Committee notes the Government’s indication in its report that the measures taken during the 2015 cotton harvest were not intended to be temporary in nature, they are rather evidence of the commitment of the authorities to the future improvement of recruitment conditions in the agricultural sector and the departure from the quota system in cotton production. In this regard, the Committee notes the Government’s reference to the following measures taken, after the 2015 monitoring:

-on 5 January 2016, an action plan 2016–18 was approved for the improvement of the working and employment conditions and social protection of agricultural workers consisting in five sections that include: improvement of the national legislative and regulatory structure related to labour relations; implementation of systematic measures to increase the level of mechanization in the agrarian sector; development of mechanisms and conditions of employment for seasonal agricultural work; institutional development and improvement of the feedback and national monitoring mechanisms for the prevention of child and forced labour; and widening outreach work among the population in respect of labour rights and the legal protection of workers’ interests embedded in the system;
-on 3 and 4 August 2016, a round table discussion including representatives of the ILO, IOE, ITUC, World Bank, UNDP, UNICEF and diplomatic representatives was held in Tashkent, entitled “Status and Prospects for Cooperation between Uzbekistan and the ILO”. At this event, all the participants expressed their commitment and willingness to cooperate closely with Uzbekistan, both in the area of labour relations and in modernizing the economy, in the mechanization of agriculture, as well as in continuing to implement the measures to promote the fundamental rights of workers;
-the first phase of a joint assessment with the ILO on measures to reduce the risk of child labour and forced labour was carried out from 18 to 21 July 2016, during which international experts noted systematic measures to implement ILO Conventions on child and forced labour; and
-in August 2016, a publication entitled Recommendations for a well-managed cotton-picking season and the creation of conditions for cotton pickers which aims at observing the rule of law and to facilitate the free recruitment of cotton pickers was approved by the Cabinet of Ministers in August 2016, and 3,000 copies of this recommendation were published and dispatched to localities.

The Committee further notes the Government’s reference to the results of the ILO quantitative survey on employment practices in the agricultural sector conducted by the research centre (Ekspecrt fikri) and noted by ILO officials during their visit to Uzbekistan in June 2016. It was noted that: (i) the number of cotton pickers utilized in 2015 decreased from 3.2 million in 2014 to 2.8 million in 2015; (ii) the number of voluntary participants in the 2015 cotton harvest had increased by almost 200,000 people; (iii) 23 per cent of those recruited to pick cotton (1.1 million) refused to take part in cotton picking and none of them experienced any negative consequences; and (iv) the number of medical employees, educational workers and students among the cotton pickers had decreased by 100,000. The Committee finally notes from the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that negotiations are ongoing for an extension of the DWCP until 2020.

The Committee notes 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 has 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 2016–18. According to the TPM’s report: 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 (from national to mahalla to address the risk of forced labour which had a positive impact, as the officials interviewed indicated that they were aware of the forced labour issues; the public awareness campaigns during the harvest reached remote villages; and the 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 indicates that of the 2.8 million cotton pickers in 2015, a significant number, about two-thirds, were recruited voluntarily and that those “at risk” on involuntary work were mainly from the education sector, medical staff and students. The TPM report indicates that while the unacceptability of child labour is recognized by all segments of society, awareness on risks of forced labour need to be improved. The TPM report points out that further measures need to be taken in order to reduce the risk of forced labour in the cotton harvest, such as: (i) a national high-quality training strategy on forced labour for all responsible actors involved in the cotton harvest needs to be developed; (ii) a functioning labour relations system for cotton pickers needs to be strengthened; (iii) the role of the Ministry of Labour needs to be improved in defining, regulating and enforcing roles, responsibilities and standards of labour relations in the cotton harvest, including intermediaries; and (iv) the Ministry of Health and Ministry of Higher and Specialized Education need to increase awareness about the risks of forced labour among their staff and students. The Committee further notes from the TPM report that the monitoring teams, led by ILO experts, visited 50 medical care facilities and found that they were functioning normally during the harvest and the staff attendance was usually monitored.

The Committee welcomes the policy commitments undertaken by the Government and the social partners which have had a positive impact on the use of child and forced labour during the cotton harvest. The Committee notes however that the TPM’s report concludes that while important measures have been introduced for the voluntary recruitment of cotton pickers, they are not robust enough to decisively change recruitment practices. The Committee strongly encourages 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 also strongly encourages the Government to continue cooperating with the ILO and the social partners in the framework of the DWCP to ensure the complete elimination of the use of compulsory labour of public and private sector workers, as well as students, in cotton farming and to provide information on the measures taken to this end and the concrete results achieved, with an indication of the sanctions applied. Please also provide information on whether the DWCP has been extended until 2020.

The Committee is raising other matters in a request addressed directly to the Government.