Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 87) sur la liberté syndicale et la protection du droit syndical, 1948 - Ouzbékistan (Ratification: 2016)

Autre commentaire sur C087

Observation

2023

Demande directe

2022
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The Committee notes the observations of the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF), received on 31 August 2022, referring to the issues raised by the Committee below and alleging imprisonment of two activists attempting to form an independent trade union, and the death of Mr Nuriddin Jumaniyazov, one of the imprisoned activists, while in detention. The Committee requests the Government to provide its comments on these serious allegations. The Committee also notes the observation of the Federation of Trade Unions of Uzbekistan (FPU), received on 27 September 2022, referring to the issues examined by the Committee.

Legislative developments. The Committee notes the Government’s indication that the Labour Code has been amended on 28 October 2022, and that the revised Labour Code will come into force in April 2023. The Committee will examine its conformity with the Convention once the translation thereof becomes available.

Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and join organizations.Definition of worker. In its previous comments, the Committee, noting that the Labour Code applies to workers under an employment contract (sections 1(3) and 14) and that the Law on Trade Unions (LTU) applies to citizens performing work (section 4), requested the Government to indicate whether workers in the informal economy, self-employed workers and workers without employment contracts enjoy the rights and guarantees provided by the Convention. The Committee takes due note of the Government’s indication that these categories of workers are included within the scope of the LTU and that the right to freedom of association is not subject to the existence of an employment contract, as section 7 of the LTU provides that citizens have the right to voluntarily establish trade unions to protect their legitimate interests, to join trade unions, to carry out trade union activities and to leave trade unions.

Distinction based on nationality. In its previous comments, the Committee, noting that under the LTU the right to organize was only granted to citizens (sections 4 and 7), requested the Government to take the necessary measures to ensure the recognition of this right for all workers. The Committee notes the Government’s indication that section 16 of the Civil Code defines “citizens” as citizens of the Republic of Uzbekistan, citizens of other States and stateless persons, and that, accordingly, all workers working in its territory have the right to form trade unions. While taking due note of this information, the Committee requests the Government to consider amending the LTU so as to avoid any possible ambiguity or conflict in its interpretation.

Police and armed forces. The Committee previously noted that section 2 of LTU provides that specific dispositions may be established for the application of this law in the armed forces, internal affairs offices, the National Security Service, the National Guard and other military forces, and requested the Government to indicate if civilians working in these services could benefit from trade union rights. The Committee notes Government’s indication that primary trade union organizations have been established in Uzbekistan’s internal affairs agencies and National Guard, and that there are no obstacles to freedom of association for civilians working in these organizations. Taking due note of this information, the Committee requests the Government to indicate whether civilians working in the armed forces and the National Security Services also enjoy the trade union rights afforded by the Convention, and whether trade union organizations have been established in these services.

Article 3. Right of organizations to organize their administration and activities and to formulate their programmes. Financial management. In its previous comments, the Committee had noted that the Law on Public Associations (LPA) provided that financial agencies carried out monitoring of the sources of finances and income of public associations, the quantity of the contributions they receive and their payment of taxes (section 20), and requested the Government to indicate how this monitoring applied to trade unions and employers’ organizations. The Committee notes that according to the Government, financial agencies do not monitor sources of funding and income of trade unions under the LPA, emphasizing that section 9 of the LTU provides that trade unions are independent in their activities. The Government indicates that according to section 18 of the Act on Regulatory Legal Acts, in case of discrepancies between laws having equal legal force, the provisions of the law adopted more recently shall apply. In this regard, the Government informs that while the LPA was adopted in 1991, the LTU was adopted on in 2019. Taking due note of this information, the Committee requests the Government to indicate how the monitoring set out in section 20 of the LPA applies to employers’ organizations, which are not covered by the LTU.

Internal administration. The Committee had previously requested the Government to amend section 20 of the LPA, which allows the Ministry of Justice and its agencies to demand from the governing body of a public association an accounting of the decisions taken, to send its representatives to participate in the activities carried out by the public association, and to receive explanations from members of the public association and other citizens concerning compliance with the public association's charter. The Committee notes that the Government points out that section 12 of the LPU prohibits public authorities and employers from interfering in the activities of trade unions or their associations, including with respect to the requirement to provide any documentation on their activities. The Committee observes however that this provision contains an exception for cases provided for in law. The Committee once again requests the Government to amend the legislation with a view to ensuring that public authorities are not allowed to interfere in the internal administration of trade unions and employers’ organizations, and to provide information on measures taken in this regard.

Right to strike. In its previous comments, the Committee had noted that the procedure for resolving collective labour disputes under section 281 of the Labour Code did not explicitly provide for the right to strike, and requested the Government to indicate which laws recognized and regulated this right. The Committee notes the Government’s indication that it is currently studying best international practices with regard to the right to strike with a view to incorporating an effective regulatory framework into its legislation. The Committee also notes the IUF allegation that most strikes are currently prohibited and punishable under section 218 of the Criminal Code and section 201 of the Administrative Code. Moreover, the IUF states that the Ministry of Justice Order No. 193 of 2016 allows the Ministry to refuse to authorize public actions for unspecified administrative reasons, which results in most demonstrations being unauthorized and participants facing harsh penalties. Recalling once again that strikes are essential means available to workers and their organizations to protect their interests, the Committee requests the Government to take the necessary measures, in consultation with the social partners, to amend its legislation with a view to ensuring full recognition of the right of strike. The Committee requests the Government to provide information on progress achieved in this regard.

Article 4. Use made of the assets of dissolved organizations. The Committee had previously noted that section 36 of the Law on Non-Governmental Non-Commercial Organizations provided that the property of a public association which has been liquidated by a court decision may not be distributed among its members, and requested the Government to indicate how assets were distributed once a trade union or an employers’ organization is dissolved. The Committee notes the Government’s indication that section 20 of the LTU provides that the charters of trade unions must contain a procedure for the management of their assets and that, accordingly, the charters of sectoral trade unions provide that in case of dissolution, their assets shall be used to fulfil the tasks for which they were acquired. Taking due note of this information, the Committee requests the Government to indicate how the assets of employers’ organizations, to which the LTU does not apply, are distributed in the event of dissolution.

Application of the Convention in practice. The Committee had previously invited the Government to provide statistical information on registered workers’ and employers’ organizations. The Committee notes that the Government reports that between January and July 2021, new trade union organizations were established at more than 6,200 enterprises and organizations employing over 100,000 workers. It further notes the Government’s indication that new trade union organizations decide independently whether to acquire the status of a legal entity and that as of August 2021, there were 652 organizations registered. The Committee notes, however, the IUF allegation that it is impossible to establish independent trade unions in the country outside the traditional structure of the FPU, which is controlled by the State. The Committee requests the Government to provide its comments in this regard. The Committee further requests the Government to provide information on the number of employers’ organizations registered in the country, the sectors concerned and the number of workers they employ.

[The Government is asked to reply in full to the present comments in 2023.]