Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

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

Autre commentaire sur C087

Observation

2023

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The Committee notes with regret that the Government’s report does not address any of the issues raised by the Committee in its previous comments.

The Committee had requested the Government to provide its comments on the observations of the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) 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 once again requests the Government to provide its comments on these serious allegations.

Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and join organizations.Distinction based on nationality. The Committee had previously noted that sections 4 and 7 of the Law on Trade Unions (LTU) granted the right to organize only to citizens. The Committee had noted the Government’s indication that all workers in its territory enjoyed this right due to the broad definition of “citizens” contained in section 16 of the Civil Code, and requested it to consider amending the LTU so as to avoid any possible ambiguity or conflict in its interpretation. The Committee notes that the Government does not provide any information in this regard. Highlighting the importance of ensuring that all workers residing in the territory of a State benefit from the trade union rights provided by the Convention without any distinction based on nationality, the Committee reiterates its previous request.

Police and armed forces. The Committee had noted that section 2 of the LTU provided that specific dispositions could 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. The Committee had noted the Government’s indication that there were no obstacles to freedom of association for civilians working in internal affairs agencies and the National Guard, where trade union organizations had been established, and requested the Government to indicate if that was also the case in the armed forces and the National Security Services. Noting that no information has been provided in this respect, the Committee once again requests the Government to indicate whether civilians working in the armed forces and the National Security Services benefit from the trade union rights afforded by the Convention, and whether trade union organizations have been established in these services.

Right of workers and employers to establish organizations of their own choosing. Minimum membership requirement. The Committee notes that section 13(e) of the Regulations on the Procedure for State Registration of Non-Governmental Non-Commercial Organizations provides that at least 3,000 participants are required to register a non-governmental non-commercial organization in the form of a trade union. It also notes that, according to section 6 of the Law on Public Associations (LPA), republican trade unions (whose activities and chartered goals are distributed over the entire territory of the republic) must have no less than 3,000 members. In this regard, the Committee recalls that, while the establishment of a minimum membership requirement in itself is not incompatible with the Convention, the number should be fixed in a reasonable manner so that the establishment of organizations is not hindered. It also considers that this criterion should be assessed in relation to the level at which the organization is to be established (for example, at the industry or enterprise level) and the size of the enterprise (see the 2012 General Survey on the fundamental Conventions, paragraph 89). The Committee requests the Government, in full consultation with the social partners, to review the minimum membership requirement established in the above-mentioned provisions with a view to ensuring that it does not hinder the right of workers to form and join the organizations of their own choosing. The Committee requests the Government to provide information on all progress achieved in this regard.

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 LPA provided that financial agencies carried out monitoring of the sources of finances and income of public associations, the quantity of the contributions they received and their payment of taxes (section 20). The Committee had noted the Government’s indication that this provision did not apply to trade unions on the basis of section 9 of the LTU and section 18 of the Act on Regulatory Legal Acts, and had requested the Government to indicate how section 20 of the LPA applied to employers’ organizations. The Committee also notes that, according to section 8 of the Law on Non-Governmental Non-Commercial Organizations, these organizations are obliged to: (i) ensure accessibility to information about the use of their property and funds; (ii) coordinate with the registration authority the holding of events, as well as the receipt of funds and property from foreign states, international and foreign organizations, or citizens of foreign states; (iii) inform the registration authority about the visits of their representatives to foreign countries; and (iv) submit reports on their activities to the registration authority, state tax service authorities and state statistics authorities. Recalling once again that the supervision of the financial management of organizations should not go beyond the obligation to submit annual financial reports, the Committee requests the Government to indicate how the monitoring set out in section 20 of the LPA applies to employers’ organizations, and whether the obligations contained in section 8 of the Law on Non-Governmental Non-Commercial Organizations are applicable to trade unions and employers’ organizations.

Internal administration. The Committee had also requested the Government to amend section 20 of the LPA, which allowed 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. In the absence of information provided by the Government, the Committee reiterates its request that the Government 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. The Committee requests the Government to provide information on any measures taken in this respect.

Right to strike. The Committee had previously 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 that the IUF alleged that most strikes were prohibited and punishable under section 218 of the Criminal Code and section 201 of the Administrative Code. The Committee had requested the Government to take the necessary measures to amend its legislation to ensure full recognition of the right to strike. The Committee notes with regret that sections 570 to 578 of the new Labour Code, which contain the procedure for the resolution of collective labour disputes, do not refer to the right to strike. Recalling the importance of the right to strike as one of the essential means available to workers and their organizations for the promotion and protection of their economic and social interests, the Committee once again requests the Government to take the necessary measures, in full consultation with the social partners, to modify its legislation with a view to ensuring full recognition of the right to strike.The Committee requests the Government to provide information on any progress made in this regard.

Article 4. Use made of the assets of dissolved organizations. In its previous comments, the Committee had noted that according to section 36 of the Law on Non-Governmental Non-Commercial Organizations, the property of a public association which had been liquidated by a court decision could not be distributed among its members. The Committee had noted the Government’s indication that section 20 of the LTU provided that the charters of trade unions needed to contain a procedure for the management of their assets, and requested the Government to indicate how the assets of employers’ organizations were distributed in the event of dissolution. Noting that the Government does not provide the information requested, the Committee requests it once again to indicate the manner in which the assets of employers’ organizations are distributed in case of dissolution.

Application of the Convention in practice. The Committee had previously requested the Government to provide its comments on the allegation of the IUF that it was impossible to establish independent trade unions in the country outside the traditional structure of the Federation of Trade Unions of Uzbekistan (FPU), which was controlled by the State. Noting that the Government does not reply to this allegation, the Committee requests it once again to provide its comments in this regard. The Committee also renews its request that the Government 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 2024.]